DHEERU JAISWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant appeal has been preferred against the impugned judgement and order dated 12.4.2017 passed by Additional Sessions Judge, Court No. 16, Kanpur Nagar in Special Sessions Trial No. 388 of 2002 (State v. Dheeru Jaiswal) arising out of Case Crime No.220 of 2002, Police Station Fazalganj, District Kanpur Nagar whereby the appellant has been convicted under Section 20(B) of N.D.P.S. Act and has been sentenced to undergo 12 years rigorous imprisonment with a fine of Rs. 1,00,000/-. In default of payment of fine, he has to further undergo two years imprisonment.

(2.) Heard Sri Balendra Kumar Singh, learned counsel for the appellant as well as learned A.G.A. for the State.

(3.) At the very outset, learned counsel for the appellant has fairly stated that he does not propose to challenge the impugned judgement and order on its merits as instructed by his client inasmuch as the appellant has remained in incarceration for about 12 years in jail. According to the prosecution itself, he was arrested by the police on 109.2002 and since then he is languishing in jail. It is further stated that since the appellant has already undergone substantive period of sentence imposed upon him by the trial court, now his prayer is confined only for reduction of period of imprisonment which he has to undergo in default of payment of fine for a period of two years' additional imprisonment.