NILKANTH SITARAM GAWADE Vs. SUPERINTENDENT CENTRAL EXCISE AKOLA

JUDGEMENT

(1.) Heard Mr. R. M. Patwardhan, learned counsel for petitioner and Mr. S. G. Loney, learned Additional Public Prosecutor for respondent. Rule. Heard forthwith by consent of parties.

(2.) By this petition, the petitioner-prisoner is seeking direction that the sentence of one year imposed by the Court in default of payment of fine of Rs. 1 lac while recording conviction under the Narcotic Drugs and Psychotropic substances Act, 1985 (for short, the "ndps Act") and confirmed in appeal by this Court, may be reduced to fifteen days.

(3.) Facts relevant for decision of this petition may be briefly stated as under :-Petitioner is convicted by the Additional Sessions Judge in Sessions Trial no. 59 of 1996 for an offence punishable under section 22 read with section 8 (c) of the NDPS Act and sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lac, in default of payment of fine, to suffer further rigorous imprisonment for one year. The Sessions Court delivered the judgment on 24-9-1998. As against the conviction and sentence, the petitioner filed Criminal appeal No. 352 of 1998 before this Court. Appeal of the petitioner was dismissed on 28-2-2005 and conviction and sentence awarded by the trial Court came to be maintained. The conviction period of 10 years imprisonment is over by 24-11-2005 and now the petitioner is undergoing further imprisonment for one year on account of his default in paying the fine amount of Rs. 1 lac.