Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No(s). 723 OF 2019
(Arising out of (Crl.) No(s).8420 of 2018)
SHYAM PRASHAD Appellant(s)
VERSUS
THE STATE OF HIMACHAL PRADESH Respondent(s)
J U D G M E N T
BANUMATHI, J.:
Leave granted.
(2) This appeal arises out of judgment and order of the High
Court of Himachal Pradesh at Shimla in Criminal Appeal No.521
st
of 2015 dated 21 July, 2016 in and by which the High Court has
affirmed the conviction of the appellant under Section 20(b)
(ii) (C) of the Narcotic Drugs and Psychotropic Substances Act,
1985 and also sentence of imprisonment of fifteen years imposed
upon the appellant. The High Court also affirmed the fine
amount of Rs.1,00,000/- (Rupees One Lakh) and also default
sentence of simple imprisonment of one year.
Signature Not Verified
Digitally signed by
MAHABIR SINGH
Date: 2019.04.30
18:38:56 IST
Reason:
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(3) By Order dated 28 September, 2018, notice was issued by
this Court only limited to the quantum of sentence.
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(4) We have heard Mr. Mukesh Jain, learned counsel appearing
for the appellant, and Ms. Bihu Sharma, learned counsel
appearing for the respondent-State. We have also perused the
impugned judgment and, in particular, the statement of the
appellant-accused regarding the quantum of sentence.
(5) By perusal of the judgment of the Trial Court, it is seen
that when the appellant-accused on being questioned regarding
quantum of sentence, the appellant prayed for leniency stating
that he is the first-time offender; he is the sole bread earner
of his family; he was then stated to be aged about 42 years; he
is having one daughter to look after; that he was working as
labour with Patel Construction Company at Barshaini and is a
poor person and therefore prayed that lenient view may be taken
while passing the sentence against him.
(6) By perusal of the jail certificate, it appears that the
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appellant-accused is in custody since 10 September, 2018. The
appellant was found to be in possession of 10.496 kgs. Of
charas (which is a commercial quantity). Section 20(b)(ii)(C)
of the N.D.P.S. Act, for possession of the commercial quantity,
prescribes minimum sentence of ten years which may extend to
twenty years and minimum fine amount of Rs.1,00,000/- (Rupees
One Lakh).
(7) Considering the statement of the appellant-accused and the
peculiar facts and circumstances of the case, the sentence of
imprisonment of fifteen years imposed upon the appellant-
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accused is reduced to the statutory minimum of ten years.
Insofar as the fine amount of Rs.1,00,000/- (Rupees one lakh)
and the default sentence of one year are concerned, they are
maintained.
(8) The appeal is accordingly partly allowed.
.........................J.
(R. BANUMATHI)
.........................J.
(R. SUBHASH REDDY)
NEW DELHI,
APRIL 23, 2019.