KASAM Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374 Cr.P.C. has been filed by accused-appellant Kasam being aggrieved by the judgment dated 27.7.2005, passed by Shri Jaswantsingh Kshatriya, Special Judge (N.D.P.S. Act), Mandsaur in Special Sessions Trial No. 12/2003, by which the appellant has been convicted under Section 8/21(C) of the N.D.P.S. Act (for short 'the Act') and sentenced to undergo RI for 10 years with fine of Rs.1,00,000/- and in default of fine to undergo further RI for two years.

(2.) As per prosecution story, near Mid India factory railway crossing between 10.30 PM to 12.20 AM, in the intervening night of 31.1.03 and 1.2.03, 3 Kgs of brown sugar (smack) was seized from the possession of the accused. The said contraband was given by the co-accused for sale and transportation. After investigation challan was filed and after trial the appellant has been convicted as mentioned above.

(3.) It has been argued on behalf of the appellant that he only wants to assail the sentence awarded in default of payment of fine. It is submitted that there is no provision in the N.D.P.S. Act to award sentence in default of payment of fine, hence, it is illegal and should be quashed and the appeal be accepted.