Pradeep Bachhar Vs. State of Chhattisgarh [SC 2017 December]

KEYWORDS:- Quantum of sentence-Poverty

Considering the circumstances placed before us on behalf of the appellant-accused viz. they are very poor and have to maintain their family, it was their first offence and if they fail to pay the amount of fine as per the order of the Additional Sessions Judge, they have to remain in jail for a period of 3 years in addition to the period of substantive sentene because of their inability to pay the fine, we are of the view that serious prejudice will be caused not only to them but also to their family members who are innocent.

We are, therefore, of the view that ends of justice would be met if we order that in default of payment of fine of Rs. 1.5 lakhs, the appellants shall undergo RI for 6 months instead of 3 years as ordered by the Additional Sessions Judge and confirmed by the High Court.

DATE:- December 11, 2017

ACTS:- Section 20(b) (ii)(C) of The Narcotic Drugs and Psychotropic Substances ActNarcotic Drugs and Psychotropic Substances Act A substance used to treat moderate to severe pain. Narcotics are like opiates such as morphine and codeine, but are not made from opium. They bind to opioid receptors in the central nervous system. Narcotics are now called opioids. The Schedule of Narcotic Drugs and Psychotropic Substances Act 2021 Evidentiary value of statement under section 67 of Narcotic Drugs and Psychotropic Substances Act 1985 Controlled Narcotic Drugs, its salts and preparations NDPS Act How Does Marijuana(Ganja) Affect a Person’s Brain and Life? List of Indian Acts, 1985

SUPREME COURT OF INDIAIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more

Pradeep Bachhar Vs. State of Chhattisgarh

[Criminal Appeal No. 2151 of 2017 @ Special Leave Petition (CRL.) No. 7851 of 2017]

KURIAN, J.

1. Leave granted.

2. The appellant is convicted under Section 20(b) (ii)(C) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “the NDPS Act”) and sentenced to undergo rigorous imprisonment for 15 years and a fine of Rs. 1,50,000/- with a default sentence of three years.

3. The High Court reduced the sentence from 15 years to 12 years. The fine of Rs. 1,50,000/- was retained, but the default sentence was reduced to two years.

4. When the matter came up before this Court, on 09.10.2017, notice was issued on the quantum of sentence.

5. A similar situation came up for consideration before this Court in Shahejadkhan Mahebubkhan Pathan Vs. State of Gujarat, reported in (2013) 1 SCC 570, whereby having regard to the financial and other social conditions of the convicted person, this Court reduced the substantial sentence to 10 years and the default sentence to six months. The relevant considerations are available at paragraphs 15 and 16 of the JudgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2).  Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022), which read as follows :-

“15. It is clear that clause (b) of sub-section 1 of Section 30 of the Code authorises the court to award imprisonment in default of fine up to one-fourth of the term of imprisonment which the court is competent to inflict as punishment for the offence.

However, considering the circumstances placed before us on behalf of the appellant-accused viz. they are very poor and have to maintain their family, it was their first offence and if they fail to pay the amount of fine as per the order of the Additional Sessions Judge, they have to remain in jail for a period of 3 years in addition to the period of substantive sentene because of their inability to pay the fine, we are of the view that serious prejudice will be caused not only to them but also to their family members who are innocent.

We are, therefore, of the view that ends of justice would be met if we order that in default of payment of fine of Rs. 1.5 lakhs, the appellants shall undergo RI for 6 months instead of 3 years as ordered by the Additional Sessions Judge and confirmed by the High Court.

16. For the reasons stated above, both the appeals are partly allowed. The conviction recorded is confirmed and sentence imposed upon the appellants to undergo RI for 15 years is modified to 10 years. The order of payment of fine of Rs. 1.5 lakhs each is also upheld but the order that in default of payment of fine, the appellants shall undergo RI for 3 years is reduced to RI for 6 months.

Since the appellants have already served nearly 12 years in jail, we are of the view that as per the modified period of sentence in respect of default in payment of fine, there is no need for them to continue in prison. The appellants shall be set at liberty forthwith unless they are required in any other offence. It is further made clear that for any reasons, if the appellants have not completed the modified period of sentence, they will be released after the period indicated hereinabove is over.”

6. Having heard the learned senior counsel appearing for the appellant and the learned counsel appearing for the State, on facts, we do not find any reason to take a different view. Accordingly, the appeal is allowed. The substantial sentence of the appellant is reduced to 10 years and the sentence in default on payment of fine is reduced to six months.

 [KURIAN JOSEPH]

 [AMITAVA ROY]

New Delhi;

December 11, 2017