SANJHA vs THE STATE
The instant criminal appeal was filed by the appellant, who was convicted under section 9(c) of the Control of Narcotic Substances Act, 1997 for the recovery of 10 kilograms of Charas and sentenced to life imprisonment with a fine, which conviction and sentence were upheld by the High Court. The core legal question before the Supreme Court was whether the conviction of the appellant was sustainable based on the evidence, and whether any leniency was warranted given the advanced age of the appellant. The Supreme Court maintained the conviction of the appellant upon considering the record and arguments, but partially allowed the appeal by reducing the substantive sentence of imprisonment to the period already undergone, keeping in view the appellant's advanced age of over 80 years, and also reduced the fine amount. The key principle laid down is that while a conviction for a major narcotics offence may be maintained on sufficient evidence, mitigating circumstances such as advanced age of the convict can form a valid basis for a discretionary reduction of the sentence of imprisonment and fine.
- Whether the sentence of life imprisonment under the Control of Narcotic Substances Act can be reduced to the period already undergone on the ground of the convict's advanced age?
- Is a convict entitled to the benefit of section 382-B of the Code of Criminal Procedure 1898 as a matter of law?
- Whether the Supreme Court can reduce a sentence of fine imposed along with imprisonment upon reviewing the facts and circumstances of a narcotics case?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 382-B, Code of Criminal Procedure 1898
ORDER
' MIAN SHAKLRULLAH JAN, J.---The appellant after having been found guilty under section 9(c) of the Control of Narcotic Substances Act, 1997 (hereinafter to be referred as "the Act") for the recovery of 10 kgs. Charas from his possession was convicted and sentenced to life imprisonment and with a fine of Rs, 200,000 or in default thereof to further undergo 6 months' S.I. The appeal of the appellant was also dismissed by the High Court, he still felt aggrieved filed the instant appeal with the leave of the Court.
2. The learned counsel for the appellant has argued that the prosecution has failed to produce the credible evidence against the appellant and the case against him has not been proved beyond reasonable doubt. On the other hand learned Deputy Prosecutor-General has opposed the contention of the appellant's counsel and contended that the recovery has been made from his possession and sufficient evidence has been produced by the prosecution to bring home guilt to the appellant and he was rightly convicted and sentenced. However, at the end' learned counsel for the appellant has prayed in the alternative by contending that if the conviction is maintained then his sentence may be reduced to the one already undergone by stating that the appellant is of advance age of 80/85 years. The learned Deputy Prosecutor-General has not opposed the last prayer of the appellant's counsel.
3. It is also an admitted fact that the appellant has not been given the benefit of section 382-B, Cr.P.C. And no reason has been assigned for not granting such a relief which under the law he is entitled. The trial Court as well as the appellate Court are directed to be careful in future and the benefit under section 382-B, Cr.P.C. Be considered for the convicts at the time of passing sentence of imprisonment.
4. Keeping in view the facts and circumstances of the case, the stand taken by the learned counsel for the appellant as well as the learned Deputy Prosecutor-General, the age of the appellant which is more than 80 years, and the fact that he remained in jail for about 4/5 years, we while maintaining the conviction of the appellant his sentence is reduced to the one already undergone.
Similarly, the sentence of fine imposed upon the appellant is also reduced from Rs, 200,000 to Rs, 100,000 or in default thereof to further undergo 3 months' S.I. The appeal is partly allowed in the above terms.
Sentence reduced.