ARIF WARSI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) IN these appeals the appellants have already undergone the substantive sentence awarded to the appellants. The appellants were guilty of offence under NDPS Act and were awarded RI for ten years, which is the minimum sentence provided under NDPS Act and fine of Rs.1 lac in default of payment of fine, SI for two years. The counsel for the appellants have pleaded that appellants do not want to assail the order on merits and only press for reduction of sentence in lieu of payment of fine since the appellants were poor persons. Learned Counsel relied on Shanti Lal v. State of MP (2008) 1 SCC (Cri.) 1.

(2.) IN Shanti Lal (supra) case the question of awarding sentence in lieu of fine was considered by the Supreme Court and the Supreme Court observed as under: