SHYAMLAL GOVARDHAN LAL Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. Lobo, learned Counsel for the appellant and Ms. Coutinho, learned Public Prosecutor for the State.

(2.) This appeal is directed against the Judgment and Order of conviction for the offence punishable under Section 20(b)(ii) of the NDPS Act, read with Section 20(b)(ii)(B) of the NDPS Act, sentencing the appellant to undergo Rigorous Imprisonment for a period of 5 years and to pay a fine of Rs.50,000/-, and in default of payment of fine, to undergo further imprisonment for a period of 6 months. There is no dispute that the appellantaccused, in the present case, came to be arrested in connection with the said offence on 18.11.2002 and since then he has been in Jail. It is apparent that he has undergone the substantive sentence of 5 years and presently he is undergoing sentence in default of payment of fine. He has, so far, undergone 2 months' sentence in default of payment of fine. The learned Counsel for the appellant fairly stated that the sentence in default may be reduced to undergone and the accused may be set at liberty forthwith. He did not make the submissions on merits.

(3.) Having considered the overall facts and circumstances of the case and the submissions advanced by the learned Counsel for the parties, I am satisfied that this is a fit case where the sentence in default of payment of fine could be brought down to the period already undergone. Order accordingly. Rest of the Judgment and Order dated 18th August, 2005/28th August, 2005 is confirmed and shall remain unaltered. The accused is directed to be set at liberty, unless required in connection with any other case. Writ be issued forthwith. Appeal is disposed of.