NASHIRHUSSAIN MINYAMOHAMMAD @ KALUBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal under Section 36-B of the Narcotic Drugs and Psychotropic Substances read with Section 374 of the Code of Criminal Procedure has been preferred by the appellant-convict challenging the impugned judgment and order of conviction and sentence passed by the learned Additional City Sessions Judge, Fast Track Court No. 3, Ahmedabad dated 30/11/2007 in Sessions Case No. 303/2005 by which the appellant has been convicted for the offence under Section 8(C) of the NDPS Act and sentenced to undergo 7 years R.I. with fine of Rs. 50,000/- in default to undergo further one year S.I.

(2.) TODAY when the present Criminal Appeal is taken up for final hearing, Ms Nisha Parikh, learned advocate appearing on behalf of the appellant has stated at the bar that by now the appellant has already undergone the sentence of 7 years R.I. imposed by the learned Sessions Court but as the appellant has not paid the fine of Rs. 50,000/- imposed by the learned Sessions Court, the appellant is in jail and undergoing default sentence. It is submitted that by now, the appellant has undergone the sentence of 7 years 2 months and 6 days. Under the circumstances, it is requested to reduce the amount of fine and consequently to reduce the sentence in default of payment of fine. She has stated at the bar that the appellant does not press the impugned judgment and order of conviction and the substantive sentence and has prayed to reduce the sentence in default of payment of fine and to reduce the amount of fine imposed.

(3.) HAVING heard the learned advocates appearing on behalf of the respective parties and considering the above, it appears to the Court that as the appellant has already undergone the substantive sentence of 7 years R.I. and has also further undergone 2 months and 6 days sentence in default of payment of fine, it appears to the Court that if the amount of fine is reduced from Rs. 50,000/- to Rs. 25,000/- and the sentence in default to pay the fine is reduced from 1 year to 6 months S.I. it will meet the ends of justice.