MARTIN KWULIRE Vs. INTELLIGENCE OFFICER

JUDGEMENT

(1.) Heard the learned counsel for the appellant, the learned counsel for the Respondent No.1- NCB and the learned APP for the State.

(2.) By judgment and order dated 13th May, 2005 passed in NDPS Special Case No. 145 of 1998, the learned Special Judge for Greater Bombay has convicted the appellant for the offence under Section 8(c) read with Section 29 of the NDPS Act and he was sentenced to RI for ten years and fine of Rs.1 lakh in default RI for six months. The appellant was also convicted for the offence under Section 8(c) read with Section 21 of the NDPS Act and was sentenced to RI for ten years and fine of Rs.1 lakh in default further RI for six months. The appellant was also convicted for the offence under Section 8(c) read with Sections 23 and 28 of the NDPS Act and he was sentenced to RI for ten years and fine of Rs.1 lakh in default RI for six months. The learned Special Judge directed that all the substantive sentences shall run concurrently.

(3.) Mr.Sayed, the learned counsel for the appellant has submitted that the appellant has not challenged his conviction or substantive sentence of imprisonment. He has submitted that the prayer of the appellant is only limited to reduction of in default sentence of imprisonment. Mr.Sayed has further submitted that the appellant has undergone the substantive sentence of imprisonment of ten years and the appellant has been sufficiently punished. Hence, it is prayed that the in default sentence may be reduced. The learned counsel for the NCB has submitted that there is no objection to the in default sentence being reduced.