Birbal YadavversusThe State Of Bihar

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (SJ) No.573 of 2014
  Arising Out of PS. Case No.-233 Year-2007 Thana- NAUTAN District- West Champaran
======================================================
Birbal Yadav Son of Ramnath Yadav resident of village- Pashchim Kargahiya,
Police Station- Bettiah Town, District- West Champaran

                                                                 ... ... Appellant/s
                                      Versus
The State Of Bihar

                                          ... ... Respondent/s
======================================================
Appearance :
For the Appellant/s     :        Mr. Bashishtha Nr. Mishra, Advocate
For the Respondent/s    :        Mr.Bipin Kumar, App
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
 Date : 21-04-2026

            Heard Mr. Bashishtha Nr. Mishra, learned counsel

 appearing on behalf of the appellant and Mr.Bipin Kumar,

 learned APP for the State.

            2. The present appeal has been filed under Section 374

 (2) of the Code of Criminal Procedure challenging the judgment

 of conviction and order of sentence dated 21.10.2014 passed by

 the learned Additional District and Sessions Judge, 6 th, Bettiah,

 District West Champaran in T.R. No.4 of 2008 arising out of

 Nautan P.S. Case No. 233 of 2007 whereby and whereunder the

 appellant has been convicted for the offence punishable under

 Section 20(ii),(B) and 22(A) of the NDPS Act and has been

 sentenced to undergo Rigorous Imprisonment for seven years

 along with a fine of Rs.20,000/- under Sections 20(ii),(B) of the
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         NDPS Act and further                   sentenced to undergo Rigorous

         Imprisonment for seven years along with a fine of Rs.20,000/-

         under Section 22(A) of the NDPS Act and in default of payment

         of fine to further undergo Imprisonment for four months.

                  BRIEF FACTS OF THE CASE

                  3. The prosecution case, in brief, as unfolded in the self-

         written statement (fardbeyan) of the informant, Sub-Inspector

         Randhir Kumar Singh, is that on 14.10.2007 at about 8:30 PM

         he received secret information that two accused persons, namely

         Birbal Yadav (appellant) and Pradeep Yadav, who were also

         wanted in Bettiah Town P.S. Case No. 240/2007, were present in

         the area of Banhaura Bazaar and were attempting to form a

         criminal gang by contacting their associates and had also

         indulged in illegal trade of contraband substances such as ganja,

         charas and opium for the purpose of procuring arms and

         ammunition. Acting upon such information, the informant along

         with other police personnel proceeded towards the place of

         occurrence, and upon reaching Banhaura Bazaar at about 8:45

         PM, on further input that the accused were likely to pass

         through a particular route, the police party took position at a

         secluded place and kept surveillance, whereafter a motorcycle

         coming from the northern direction was noticed and on seeing
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         the police in the light of the motorcycle, the riders attempted to

         flee but were apprehended. On interrogation, they disclosed

         their names as Birbal Yadav and Pradeep Yadav, and in presence

         of two independent witnesses, a personal search was conducted

         during which 1.5 kg of suspected contraband substance wrapped

         in a paper packet was recovered from the possession of Birbal

         Yadav along with a country-made pistol loaded with one live

         3.15 bore cartridge from his person, and further two live 3.15

         bore cartridges and one .303 bore cartridge were recovered from

         his shirt pocket, while co-accused Pradeep Yadav claimed

         ownership of the motorcycle but failed to produce any

         registration documents or driving license. Since the accused

         persons could not produce any valid license or authority for

         possession of the recovered arms, ammunition and contraband

         articles, the same were seized under a properly prepared seizure

         list in presence of independent witnesses and copies thereof

         were furnished to the accused, and thereafter both the accused

         persons were arrested for offences relating to unlawful

         possession of arms, ammunition and contraband substances.

                  4. On the basis of the statement of the informant, the

         F.I.R being Nautan P.S. Case No. 233 of 2007 was registered

         for the offences under sections 414 of the IPC, 25(1-B), 26/35 of
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         the Arms Act and Sections 20/22 of the N.D.P.S. Act. After

         institution of the FIR, the police proceeded with the

         investigation and after completion of investigation, charge-sheet

         was submitted. Thereafter, the learned trial court took

         cognizance against the appellant and the case was committed to

         the Court of Sessions for trial.

                  ARGUMENT ON BEHALF OF THE APPELLANTS

                      5. Mr. Bashishtha Nr. Mishra, learned counsel

         appearing on behalf of the appellant, submits that the appellant

         has already undergone custody for a period of 7 years and 2

         months, which exceeds the substantive sentence imposed upon

         him. It is further submitted that the appellant has not deposited

         the total fine of Rs. 40,000/-, comprising Rs. 20,000/- under

         Section 20(ii)(B) and Rs. 20,000/- under Section 22(A) of the

         NDPS Act, and in default thereof, the learned trial court directed

         that the appellant would undergo further imprisonment for four

         months, with both sentences directed to run concurrently. It is

         also submitted that the appellant belongs to a marginalized

         section of society and does not possess sufficient means to pay

         the total fine amount of Rs. 40,000/-, and for him and his family

         members, the said amount is substantial, due to which they

         faced considerable hardship in arranging the same even after the
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         sentence was passed on 21.10.2014.

                      6. Learned counsel further contends that in default of

         making payment of fine, the appellant has already undergone

         period of about two months in custody more than the sentence

         awarded, therefore, he prays that the remaining default sentence

         of four months may be reduced to two months already

         undergone in the facts and circumstances of the present appeal

         in light of the judgment passed by the Apex Court in case of

         Shanti Lal Vs. State of M.P. reported in (2007) 11 SCC 243.

                      ARGUMENT ON BEHALF OF THE STATE

                      7. Learned APP appearing for the State while opposing

         the appeal submitted that the learned District court, after

         considering all the evidences on record and exhibits has rightly

         convicted the appellant on the basis of material and evidences

         produced in course of trial. Trial court has committed no error,

         either in fact or in law. The impugned judgment requires no

         interference.

                      ANALYSIS AND CONCLUSION

                     8. Heard the parties.

                      9. The record reveals that the appellant was taken into

         custody on 14.10.2007 and remanded to judicial custody on

         15.10.2007, thereafter, the impugned judgment of sentence was

         passed on 21.10.2014. In the present appeal, sentence of the
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         appellant was suspended and he was released on bail vide order

         dated 16.12.2014. It is evident that the appellant has already

         undergone a period of custody equivalent to the substantive

         sentence of seven years, along with an additional period of

         approximately two months in default of payment of fine. In

         these circumstances, particularly considering that only about

         two months of the default sentence remains, this Court may

         consider exercising its discretion in respect of the remaining

         default sentence.

                      10. However, the present appeal is confined to the

         question of sentence. Learned counsel appearing on behalf of

         the appellant has submitted that the appellant does not assail the

         finding of conviction but prays for leniency in the matter of

         sentence, particularly on the ground that he is a person of

         limited means and is not in a financial position to pay the fine

         imposed by the learned Trial Court. It has further been

         submitted that the appellant has already undergone substantial

         period of incarceration during trial and thereafter no previous

         criminal antecedent has been brought on record against him.

                      11. Considering the aforesaid submissions, as also the

         facts and circumstances of the case, including the quantity of

         contraband being more than small quantity but less than
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         commercial quantity, this Court is of the opinion that while the

         substantive sentence imposed upon the appellant does not call

         for interference, some indulgence can be shown in respect of the

         sentence of fine. Accordingly, the fine imposed by the Trial

         Court is reduced to a reasonable extent, and in default thereof,

         the period of imprisonment awarded in lieu of fine is also

         correspondingly reduced in light of the observation made by the

         Apex Court in case of Shanti Lal (Supra).

                      12. For the reasons aforesaid, the appeal is partly

         allowed. The conviction of the appellant is affirmed and the

         order of payment of fine of Rs. 40,000/- is upheld. However, the

         order that in default of payment of fine, the appellant shall

         undergo imprisonment is modified and reduced to imprisonment

         for two months. To that extent, the appeal is allowed. It is noted

         that the appellant has already undergone substantive sentence of

         rigorous imprisonment for 7 years and has further undergone 2

         months out of the default sentence of four months. If the

         appellant has undergone the substantive sentence as aforesaid

         and completes the remaining period of default sentence as

         modified herein, he shall be set at liberty forthwith unless

         required in any other case. If the appellant has not completed the

         said period, he shall be released after the period indicated
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                      hereinabove is over.

                                   13. The appeal stands disposed of accordingly.

                                   14. Office is directed to send back the lower court

                      records along with a copy of the judgment to the learned District

                      Court forthwith.


                                                  (Purnendu Singh, J)

Sanjay/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          27.04.2026
Transmission Date       27.04.2026