Bhookya Kishan, v. The State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.159 OF 2008 JUDGMENT:

This Criminal Appeal is filed by A.1,A.2 & A.4 to A.10 challenging the judgment of I Additional Sessions Judge, Warangal dated 31.01.2008 in S.C.No.2 of 2003 whereby the learned Sessions Judge convicted the appellants for the offence under Section 8(c) r/w 20 of Narcotic Drugs and Psychotropic Substances Act and sentenced them to undergo R.I. for ten years each and to pay a fine of Rs.1,00,000/- each, in default, to undergo imprisonment for three years each.

After arguing for some time, since this Court is not inclined to interfere with the conviction imposed by the trial Court, learned counsel for the appellants confined his arguments only to the extent of quantum of sentence of imprisonment and fine amount and prayed this Court to reduce the sentence of imprisonment and fine amount in the circumstances of the case. No grounds are made out to interfere with the conviction imposed by the trial Court. Hence, this Court is not inclined to interfere with the conviction imposed by the trial Court, but considering the nature of offence and since the appellants have already suffered substantial period in prison, this Court is inclined to reduce the sentence of imprisonment.

In the result, the conviction recorded against the appellants-A.1,A.2 & A.4 to A.10 by the I Additional Sessions Judge, Warangal dated 31.01.2008 in S.C.No.2 of 2003 for the offence under Section 8(c) r/w 20 of Narcotic Drugs and Psychotropic Substances Act is hereby confirmed, but the sentence of R.I. for ten years imposed on the appellants is hereby

modified to the period already undergone by them. The sentence of fine amount of Rs.1,00,000/- imposed on each of the appellants is reduced to Rs.5,000/- each, to be paid on or before 24.10.2016, in default, to undergo S.I. for six months each. Accordingly, the Criminal Appeal is partly allowed. Miscellaneous petitions, if any, filed in this appeal shall stand closed.

________________________ JUSTICE RAJA ELANGO 09.08.2016 Tsr