Supreme Court - Daily Orders
Rakesh Kumar vs State Of Himachal Pradesh on 5 November, 2015
Bench: T.S. Thakur, R. Banumathi
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1492 OF 2015
(Arising Out of SLP (Crl.) No.3891 OF 2015)
RAKESH KUMAR Appellant(s)
VERSUS
STATE OF HIMACHAL PRADESH Respondent(s)
WITH
CRIMINAL APPEAL NO. 1493 OF 2015
(Arising Out of SLP (Crl.) No.5985 OF 2015)
O R D E R
Delay in SLP (Crl.) No.5985 of 2015 is condoned. Leave granted.
These appeals arise out of two different orders, one dated 18.03.2015 and the other dated 27.02.2015 whereby criminal appeals filed by the appellants have been disposed of by the High Court of Himachal Pradesh at Shimla confirming the conviction of the appellants for an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 partially modifying Signature Not Verified the sentence awarded to one of the appellants. Digitally signed by ASHOK RAJ SINGH Date: 2015.11.18 16:59:27 IST Reason:
The appellants it appears were caught with 885 grams of charas while riding a motorcycle at Rajgarh in the 2 District Sirmour State of Himachal Pradesh. While Rakesh Kumar, appellant in SLP (Crl.) No.3891 of 2015 was driving the motor cycle at the time of the search and seizure appellant Siya Ram was a pillion rider with a bag at the back. From the bag was recovered the contraband leading to the prosecution of the duo in the court of Special Judge-I, Sirmour at Nahan, Himachal Pradesh who found them guilty and sentenced them to undergo imprisonment for a period of eight years each besides a fine of Rs.1 lakh. In default of payment of fine, the appellants were directed to undergo further imprisonment for a period of six months.
Aggrieved, by his conviction and sentence appellant, Rakesh Kumar, preferred, Criminal Appeal No.298 of 2014, while appellant, Siya Ram preferred Criminal Appeal No.341 of 2014 before the High Court of Himachal Pradesh at Shimla. In Criminal Appeal No.341 of 2014 filed by Siya Ram, the High Court confirmed the conviction of the said appellant since the same was not assailed on merits. At the same time the High Court taking into consideration the age of the appellant Siya Ram and the fact that he had no criminal antecedents reduced the sentence awarded to him from eight years rigorous imprisonment to five years and a fine of Rs.50,000/-. In default of payment of fine, the said appellant was directed to undergo simple imprisonment 3 for a further period of six months. Appellant, Rakesh Kumar, however assailed his conviction and argued that he was not carrying the bag containing the charas and that contraband was not recovered from his possession. The High Court, however, rejected that plea and confirmed his conviction. The High Court also declined to grant the relief that was granted to Siya Ram. The sentence of eight years rigorous imprisonment and fine of Rs.80,000/- thus stood unaltered.
When these appeals came up for hearing before us on 13.05.2015 and on 03.08.2015 respectively we issued notice to the respondent limited to the question of quantum of sentence. We have accordingly heard learned counsel for the parties at some length on that limited question.
The appellants do not have any criminal antecedents and appear to be first time offender. They were just about 23 and 25 years old on the date of the incident. The quantity of contrabands seized from was also less than the commercial quantity prescribed under the NDPS Act. The law does not prescribe any minimum sentence for such a quantity. Under the circumstances and keeping in view the attendant circumstances we are inclined to reduce the sentence awarded to them from eight years awarded to Rakesh Kumar and five years to Siya Ram to three years each. We, however, do not see any reason to allow the 4 prayer for reducing the fine awarded by the courts below or the sentence awarded in default of payment of fine. We accordingly allow these appeals but only to the extent that the appellants shall stand convicted and shall undergo rigorous imprisonment for a period of three years and a fine of Rs.80,000/- each. In default of payment of fine they shall undergo a further imprisonment for a period of six months.
The appeals are accordingly allowed and disposed off to the extent indicated above.
...........................J [T.S. THAKUR] ...........................J [R. BANUMATHI] November 5, 2015 New Delhi.
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ITEM NO.9 COURT NO.2 SECTION IIB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 3891/2015
(Arising out of impugned final judgment and order dated 18/03/2015 in CRLA No. 298/2014 passed by the High Court of Himachal Pradesh at Shimla) RAKESH KUMAR Petitioner(s) VERSUS STATE OF HIMACHAL PRADESH Respondent(s) (with interim relief and office report) WITH SLP(Crl) No. 5985/2015 (With appln.(s) for c/delay in refiling SLP and Interim Relief and Office Report) Date : 05/11/2015 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Surinder Singh, Adv. Mr. Sonit Sinhmar, Adv.
Mr. Balbir Singh Gupta,Adv. For Respondent(s) Mr.Suryanarayana Singh, Sr.AAG Ms. Pragati Neekhra,Adv.
UPON hearing the counsel the Court made the following O R D E R Delay in SLP (Crl.) No.5985 of 2015 is condoned.
Leave granted.
The criminal appeals are allowed in terms of the signed order.
(ASHOK RAJ SINGH) (VEENA KHERA)
Court Master Court Master
(Signed Order is placed in the file)