IN THE SUPREME COURT OF INDIA

CRIMINAL 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.                      ...Respondent(s)

O  R  D  E  R

Leave granted. Heard learned counsel for the parties.

The 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.  

However,  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.  

In  the  revision  filed  by  him,  the  High  Court  upheld  the  

conviction but reduced the sentence of imprisonment from one  

year to six months.   

...2/-

- 2 -  

On 4.4.2008, this Court issued notice only on the  

question of sentence.

Having 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.

Accordingly, 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.

The appellant, who is on bail, is discharged from the  

liability of bail bonds.  

......................J.               [B.N. AGRAWAL]

......................J.               [G.S. SINGHVI]

New Delhi, August 24, 2009.