Delhi District Court
Som Dutt Arya vs State Of Delhi on 20 February, 2013
IN THE COURT OF SH.SURESH CHAND RAJAN
ADDITIONAL SESSIONS JUDGE/SPECIAL JUDGE(NDPS)
DWARKA COURTS, NEW DELHI
Crl. Appeal No.06/13
Som Dutt Arya
s/o Roshan Lal Arya
VPO Kherki Veerbhan Ramsinghpura
Teh. Kotputli (Jaipur)
.......... Appellant
Versus
1. State of Delhi
2. Sh Keshar Deo, Challaning Officer
........... Respondent
ORDER
The present criminal appeal u/s 375 Cr.PC. has been filed against Order dated 28.12.2012 passed by Sh Ajay Singh Shekhawat, Duty MM while disposing of challan no.748004 against vehicle no. RJ 32 SC 1702 thereby convicting the accused/appellant u/s 185 &146/196 130 MV Act and sentenced him to suffer SI for 30 days and to pay fine of Rs.2000/ u/s 185 MV Act and fine of Rs. 500/ was imposed u/s 146/196 MV Act and in default of payment of fine to further undergo SI for 10 days.
2. Briefly stated the facts of the case for giving rise to this Somdutt Arya Vs. State of Delhi CA NO. 06/13 Page No.1 of 4 present appeal are that the appellant/convict was challaned vide challan no. 748004 on the allegation that on 27.12.12 at about 8.44 p.m, the appellant was driving vehicle no.RJ 32 SC 1702 in drunken condition from Mayapuri Chowk towards PS Mayapuri. The content of the alcohol was tested through breath alcohol analyser instrument and it was found to be 421.9mg/100 ml. The appellant was challaned and he was directed to appear before the Ld. Trial Court. On 28.12.2012 the appellant appeared before Ld. Trial court and he voluntarily pleaded his guilt. Therefore, Ld. MM convicted him for the offence punishable u/s 185 MV Act and u/s 146/196 MV Act. After considering the facts of the case, Ld. MM sentenced the appellant as above. The appellant paid the fine before the Ld. Trial court. Thereafter, the appellant was taken into custody by the Ld. Trial court and remanded to JC. However, on 29.1.2012 he was admitted to bail till 28.1.2013. Feeling aggrieved by the said order of sentence, the appellant has preferred this present appeal for setting aside the said order on sentence.
3. The present criminal appeal was received by this court on 31.01.2013. On first day of appearance, accused/appellant was absent and therefore NBW were issued against him. On 1.2.2013 appellant alongwith counsel appeared. The application for cancellation of NBW was dismissed and accused was taken into Somdutt Arya Vs. State of Delhi CA NO. 06/13 Page No.2 of 4 custody. However, on 8.2.2013 he was again admitted to bail. The trial court record was received and thereafter I have heard the arguments from the Ld. Counsel for the appellant as well as Ld. APP for the State.
4. During the course of arguments Ld. Counsel for the appellant has argued that the conviction is bad in law and the Ld. Trial court has failed to follow the principles of natural justice. The sentence awarded is too excessive. It is submitted that the appellant was not medically examined and the report submitted before the court is a forged one. The appellant is a victim of improper investigation. It is is submitted that the appellant has remained in jail for about nine days in this case and now he may kindly be sentenced to the period already undergone.
5. On the other hand, Ld. APP for the State has argued that the Ld. Trial court has passed the order after going through the provision of Law and application of judicious mind. There is no illegality or infirmity in the order passed by the Ld. Trial court.
6. In consideration of the submissions made by Ld. APP for the State as well as Ld. Counsel for the appellant, I have also perused the record and relevant provision of Law. The appellant has Somdutt Arya Vs. State of Delhi CA NO. 06/13 Page No.3 of 4 pleaded guilty in this case. The fine imposed has already been paid as per the order of the Ld. Trial court. The appellant has prayed for setting aside the order for suffering SI for 30 days.
7. In view of above, I have also perused the file. The appellant in the present case was sent to JC by the Ld.MM on 28.12.2012 but admitted to bail on 29.12.2012. Thereafter NBW were issued against him by this court when he did not appear in appeal and taken into custody on 01.02.2013 and thereafter admitted to bail on 8.2.13. Keeping in view the facts & circumstances of the case & antecedents of the appellant, it would meet the ends of justice if the sentence awarded by the Ld. Trial court is reduced. I, therefore reduce the sentence and now the appellant is sentenced to the period already undergone in this case.
8. With these modifications, the appeal of the appellant is partly allowed. The trial court file be sent back with the copy of this order for information and appeal file be consigned to record room. Announced in the Open Court on 20.02.2013 (SURESH CHAND RAJAN) ADDL.SESSIONS JUDGE/ SPECIAL JUDGE(NDPS) NEW DELHI Somdutt Arya Vs. State of Delhi CA NO. 06/13 Page No.4 of 4