RAUF Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant stands convicted for offence punishable under Section 21(C) of the N.D.P.S. Act and sentenced to suffer 10 years R.I. and fine of Rs. One lac. in case of failure to pay the fine, the appellant was to undergo one year's of R.I. The sole contention of the Counsel for the appellant is that the appellant has undergone more than 10 years of the jail sentence and in the light of the decision of Apex Court in the matter of Shantilal vs. State of M.P. : 2008 Cri.L.J. 386 he be released for the period that he had already undergone after the sentence is reduced to 10 years which is the minimum sentence and in default the jail sentence be reduced from three years to six months.

(2.) THE prayer to reduce the sentence has been vigorously opposed by Smt. Mamta Shandilya, learned Panel Lawyer for the respondent/State.

(3.) ON considering the above submissions, I find that singular question that arises for consideration before this Court is whether the sentence in default of fine can be reduced in terms of Shantilal (supra). I find that the case is fully covered by the above mentioned case and the ratio shall apply in full force in the present case also.