State v. Bhupender Kumar & ORS.
$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1367/2019 and CRL.M.A. 41594/2019 STATE .....Appellant Through:
Mr. Pradeep Gahalot, APP for the State with SI Nitesh Mahiya, PS - SP Badli.
versus BHUPENDER KUMAR & ORS.
.....Respondents Through:
Mr. Akshay Kumar, Mr. Abhinav Kumar, Mr. Sohan Petwal, Advocates for respondent No. 1.
Mr. Ankit Ahluwalia and Mr. Ashish Sharma, Advocates for respondent No.
3.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 03.09.2024 1.
This petition has been filed by the State impugning the judgment and order dated 6th July, 2019, 15th July, 2019 and order on sentence dated 5th August, 2019 in FIR No. 117/2019 registered under Sections 21/29 of NDPS Act at Police Station S.P. Badli.
2.
As per the said order, respondents/ accused persons had pleaded guilty. The charge was of having found with smack quantity of 7 grams from respondent No. 2/ Gopal Vaidh and 6 grams from respondent No. 1/ Bhupender Kumar and respondent No. 3/ Dipak Kaushal. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/09/2024 at 15:22:19
3.
As per the order on sentence, the aspect of meagre quantity and plea of guilt was taken into account as well as their socio-economic condition and that they were in judicial custody for about six months till the order was passed and he was sentenced to pay fine of Rs. 20,000/-. The said fines have been duly paid.
4.
In view of the facts and circumstances of the matter and on perusal of the records of the case, the Court does not find any infirmity in the said order, or in the view taken by the Trial Court.
5.
The appeal of the State is dismissed.
6.
Order be uploaded on the website of this Court. ANISH DAYAL, J SEPTEMBER 03, 2024/kd/na Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/09/2024 at 15:22:19