S EDMAND Vs. STATE

JUDGEMENT

(1.) "Whenever a separation is made between liberty and justice, neither, in my opinion, is safe." Edmund Burke.

(2.) When the mandatory minimum amount of the fine as specified in Section 18 of the NDPS Act, 1985, cannot be reduced in view of the legislative mandate, whether the award of imprisonment in default of payment of fine can be reduced on account of inability of the accused to pay fine,[despite a decadal substantive term of imprisonment having been suffered,] is the issue raised in these two appeals.

(3.) As there is common question of law is involved, common judgment is pronounced in these two Criminal Appeals.