Vs. State of M.P.  INSC 1478 (24 August 2009)
APPELLATE JURISDICTION CRIMINAL APPEAL NO.1591 OF 2009 (Arising out of S.L.P.
(Crl.) No.2574 of 2008) Jaipaldas ...Appellant(s) Versus State of M.P.
O R D E R
learned counsel for the parties.
appellant was convicted by the Trial Court under Section 27A (i) and 27A (ii)
of the Drugs and Cosmetics Act, 1940 (for short, `the Act') and sentenced to
undergo rigorous imprisonment for a period of one year under each head.
direction was given that the sentences will run concurrently. The Trial Court
also imposed fine of Rs.1000/- for offence under Section 27A (i), Rs.5000/- for
offence under Section 27A (ii) and Rs.500/- for offence punishable under
Section 28 of the Act. The appeal preferred by the appellant was dismissed by
Addl. Sessions Judge-VI, Indore.
revision filed by him, the High Court upheld the conviction but reduced the
sentence of imprisonment from one year to six months.
4.4.2008, this Court issued notice only on the question of sentence.
heard the learned counsel for the parties and perused the records, we are of
the view that ends of justice would be met if the period of sentence of
imprisonment awarded against the appellant is reduced to the period already
undergone by him as it has been stated that he has remained in custody for a
period of about twenty days.
the appeal is allowed in-part and, while upholding the conviction of the
appellant, sentence of imprisonment awarded against him is reduced to the
period already undergone by him.
appellant, who is on bail, is discharged from the liability of bail bonds.
......................J. [B.N. AGRAWAL]
......................J. [G.S. SINGHVI]
August 24, 2009.