ABAUBAKAR SOW Vs. P V NAYAK

JUDGEMENT

(1.) HEARD the learned counsel for the appellant and the learned counsel for the 1st respondent. The appellant has been convicted for the offence punishable under section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the said Act). He has been sentenced to suffer R.I for 10 years and to pay fine of Rs.1 lac. In default to payment of fine, he has been sentenced to undergo R.I for 6 months. The appellant was arrested on 15th December 1998. He was not enlarged on bail during the pendency of trial as well as during the pendency of Appeal.

(2.) THE learned counsel for the Appellant has made limited submissions confined to sentence. She pointed out that the Appellant has already undergone substantive sentence of R.I for 10 years. She pointed out that the Appellant has also undergone sentence for two months in default of payment of fine amount of Rs.1 lac. She submitted that considering the facts and circumstances of the case, the Appellant be let off on the sentence which is already undergone.

(3.) THE incident is of 15th December 1998. The material on record shows that at that time the age of the Appellant was about 31/32 years. As pointed out earlier, he has undergone sentence of period of 10 years and 2 months. The learned counsel for the Appellant placed reliance on the decision of this court in case of Dil Bahadur vs. State of Goa 2008 All M.R. (Cri.) 457).