RAMESH KUMAR Vs. STATE GNCT OF DELHI

JUDGEMENT

(1.) IN this appeal the appellant has already undergone the substantive sentence awarded to the appellant. The appellant was guilty of offence under NDPS Act and was awarded 10 year substantive sentence which is the minimum sentence provided under NDPS Act and fine of Rs.1 lac. The counsel for the appellant has pleaded that appellant does not want to assail the order on merits and only press for reduction of sentence in lieu of payment of fine since the appellant was a poor man. 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: