SONE LAL Vs. STATE OF U P

JUDGEMENT

(1.) Appellant Sone Lal has filed this appeal against the judgment and order dated 28.4.2006, passed by Additional Sessions Judge (Court No. 4), Barabanki in criminal trial No. 12 of 2001 relating to the Police Station Kotwali,District Barabanki; whereby the appellant was convicted for the offence punishable under Section 8/21(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (Hereinafter referred to as Act) and was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rupee one lac and in default of payment of fine to further undergo imprisonment for a period of two years.

(2.) I have heard Mr. Anil Kumar Pandey, learned counsel for the appellant as well as Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State and perused the record of the case.

(3.) Learned counsel for the appellant has not challenged the merit of his conviction and sentence passed by the court below. He only contended that the appellant is a poor person and it was his first offence and there is no previous conviction on his credit and he has undergone substantive sentence of imprisonment awarded to him and now he is in jail because he is not in a position to pay the fine imposed on him which is excessive and it should either be reduced or the sentence of imprisonment in default of payment of fine be reduced.