AMBALAL Vs. STATE OF MP

JUDGEMENT

(1.) The appellant has been convicted under S. 8/18 (c) of the NDPS Act (for short the Act) and sentenced to rigorous imprisonment of 10 years along with fine of Rs. 1,00,000.00 (one lakh) and in default of payment of fine, to undergo R. I. for two years by the Court of Shri A.S. Tomar, 1st Additional Sessions Judge and Special Judge, Mandsaur in special case No. 67/99 by the judgment dated 7/2/2002. Hence, being aggrieved by the judgment, he has preferred this appeal under S.374 of CrPC.

(2.) According to prosecution case on 7/5/1999, 300 gms. of smack was seized from the possession of the appellant Ambalal. Hence, after trial he was" convicted as above mentioned. It has been argued on behalf of the appellant that he is in jail since 7/5/1999 and has completed the sentence of 10 years and seven months. He has been punished to undergo rigorous of two years in default of payment of fine. Due to poorness and incapableness of payment of fine, he is in jail. There is no provision in the Act to punish for the jail sentence in default of payment of fine; hence appeal be accepted and appellant be acquitted.

(3.) As regards the sentence in default of fine is concerned it has been held by the apex Court in the case of Shantilal v. State of M.P., 2008 1 SCC(Cri) 1, that:-