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NON- REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO…2569  OF 2014 (ARISING OUT OF SLP (CRL.) NO.6752 OF 2014)

MUKESH KUMAR …APPELLANT

VERSUS

STATE OF M.P. (NOW CHATTISGARH)            …RESPONDENT

J U D G M E N T

ADARSH KUMAR GOEL J.

1. Leave granted.

2. This  appeal  by  special  leave  has  been  preferred  

against  the  final  judgment  and  order  dated  28th October,  

2013 of the High Court of Chattisgarh at Bilaspur in Criminal  

Appeal No.1788 of 1997.

3. The appellant has been convicted under Section 20(b)

(ii)(B)  of  the Narcotic  Drugs  and  Psychotropic  Substances

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Act, 1985 and sentenced to undergo rigorous imprisonment  

for six months and to pay a fine of Rs.2,000/-, in default, to  

further undergo rigorous imprisonment for two months.

4. Case of the prosecution is that the appellant was found  

carrying Cannabis (Ganja) in Scooter bearing Regn. No.BR-

16-C/8598.    

On  search  conducted  in  accordance  with  the  statutory  

provisions the contraband to the extent of 500 grams was  

recovered from the dicky of the Scooter.  After completing  

the procedural requirements and receiving the report of the  

Forensic Science Laboratory confirming that the sample of  

the contraband was Ganja, the accused was sent up for trial.  

The  case of  the prosecution  was held  to  have been duly  

proved by the evidence led before the Court.  The trial Court  

convicted and sentenced the appellant as above.  The same  

has been affirmed by the High Court.

5. When the matter came up before us for hearing on   

17th November,  2014,  notice  was  issued  limited  to  the  

question of sentence having regard to the submission made  

on behalf  of  the appellant  that the appellant had already  

undergone about four months of sentence out of six months  

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awarded to him and in the peculiar facts and circumstances  

of  the  case,  some  reduction  in  sentence  was  called  for.  

Accordingly, we have heard learned counsel for the parties  

on the question of sentence.

6. Having regard to the totality of circumstances, we are  

of the view that ends of justice will be met if the sentence  

awarded  to  the  appellant  is  reduced  to  the  period  of  

sentence already undergone.  Ordered accordingly.

7. Since the appellant is in custody, he may be released  

forthwith unless required in connection with any other case.

……..…………………………….J. [  T.S. THAKUR ]

.….………………………………..J.       [ ADARSH KUMAR  

GOEL ]

NEW DELHI DECEMBER 12, 2014

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