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TMI Blog2022 (8) TMI 553X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to as the "NDPS Act") and sentenced to 15 years' rigorous imprisonment and a fine of Rs.One Lakh, in default to pay fine, a sentence of rigorous imprisonment for a period of 3 years to be undergone separately. 3. The notice was issued by this Court by an Order dated 13th May, 2022 limited to the quantum of sentence. 4. The facts of the case relevant for the purpose are that the appellant is a poor illiterate lady and a senior citizen at the time of the alleged incident, i.e., 15th January, 2011, who, along with her two children, Pila Ram and Rajkumar alias Raju was charged under Section 20(b)(ii)(C) of the NDPS Act for having joint possession of the commercial quantity of illegal 'Ganja'(Cannabis) of 05 quintal and 21.5 kilogram, which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which was prepared. After physical verification of scales from weigher Devlal Sinha, and upon weighing the recovered ganja, total weight of ganja packed in 20(twenty) sacks was found to be 05 quintals, 21.5 kilogram. From each of the said sacks, two samples of 5050 gms. each were taken and the original ganja was labelled 'A' to 'T' and sample packets as "A1', 'A2' till 'T1', 'T2'. After the ganja(cannabis) and sample packets were sealed and seized, the appellant was given a notice under Section 91 CrPC. She failed to produce any document in relation to being in possession of said cannabis. Accused appellant on being questioned stated to be carrying on the trade of cannabis together with her two sons, Pila Ram and Raj Kumar alias Raju as wel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of rigorous imprisonment for a period of three years to be undergone separately under the judgment and order dated 8th November 2012. 11. The order of acquittal against the four co-accused persons was never a matter of challenge at the instance of the prosecution. The poor illiterate lady preferred an appeal before the High Court against the impugned judgment but the High Court, examining the conviction on merits, took note of the bare facts regarding the compliance of Sections 42, 50 and 55 of the NDPS Act made and since the psychotropic substance was recovered from the residence of the appellant, considered it to be the basis for upholding conviction and sentence of the appellant under the impugned judgment dated 26th February 2018. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tenced her to 15 years' rigorous imprisonment and a fine of Rs. 1 lakh, in case of default, further imprisonment for a period of 3 years. 15. We have heard learned counsel for the appellant and also the learned counsel for the State who has tried to persuade this Court that looking into the nature of offence which has been committed by the appellant, there should be no leniency in such matters, particularly, when the offence has been proved against her beyond doubt and conviction is upheld by the High Court under Section 20(b)(ii)(C) of the NDPS Act. 16. It may be noticed that the minimum sentence prescribed under the NDPS Act for such offence under Section 20(b)(ii)(C) is 10 years which may extend to 20 years with a fine of Rs. 1 lakh wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tely ignored that the other coaccused were also residing in the same house and what was their trade, and who were those persons who were involved into the illegal trade providing supplies of psychotropic substances, prosecution has never cared to examine. 18. We are not going to examine the question any further but taking in totality of the matter and the background facts which have come on record that she was an illiterate senior citizen on the date of the incident, i.e., 15th January 2011, having no criminal record, and was from the rural background, completely unknown to the law and unaware of what was happening surrounding her, all these incidental facts have not been considered by the learned trial Court while awarding sentence to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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