SALEEM ANSARI Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment and order dated 31.01.2011 passed by learned Additional Sessions Judge/ F.T.C. No. 3, Maharajganj, in Special Case No. 05 of 2008, State Vs. Saleem Ansari, arising out of Case Crime No. 828 of 2007, Police Station Ghughali, district Maharajganj whereby the appellant has been convicted under section 8/20 N.D.P.S. Act and has been sentenced with rigorous imprisonment for ten years and fine of Rs. One Lac ten thousand and in default of the payment of fine, to further undergo one years additional rigorous imprisonment.

(2.) Heard Sri Ashok Kumar Yadav, learned counsel for the appellant and learned A.G.A. appearing on behalf of State.

(3.) At the very outset, learned counsel appearing for the appellant submitted that the appellant has spent nine years and five months in jail and thus he has already undergone almost the entire period of sentence of ten years of rigorous imprisonment awarded by the trial court and only seven months are left. It is further submitted that the appellant is ready to undergo the remaining part i.e. seven months of the sentence awarded by the trial court. Learned counsel for the appellant has submitted that the appellant confines his prayer only for the reduction of period of imprisonment, which he has to undergo in default of payment fine i.e. one years additional rigorous imprisonment. Learned counsel has prayed that the aforesaid period of default imprisonment be reduced to one months.