RAJ KUMAR Vs. STATE

JUDGEMENT

(1.) THE appellant- Raj Kumar has preferred the present appeal against the judgment and order on sentence dated 15.02.2005 of Additional Sessions Judge, Delhi by which he was convicted for committing offence punishable under Section 20 NDPS Act and sentenced to undergo RI for a period of 10 years with fine of Rs. 1,00,000.00 and in default of payment of fine to undergo RI for a period of six months.

(2.) THE appellant was apprehended by the police of PS Chandani Chowk vide FIR No.224/2003 and challaned for committing offence punishable under Sections 20/61/85 NDPS Act. It was alleged that the appellant was found in possession of total 4 kg 35 grams of charas on

(3.) DURING the course of arguments, learned counsel for the appellant on instructions from the appellant- Raj Kumar stated that the appellant has opted not to challenge the conviction under Section 20 NDPS Act. He however, prayed for modification of the order on sentence as the appellant has already undergone sentence for about more than 9 years. The appellant is very poor and is unable to deposit the hefty fine of Rs.1,00,000.00. The appellant is not a previous convict.