ANIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal arising out of judgment and order of conviction dated 30/06/2007, passed by the learned Special Judge, (N.D.P.S.), Indore, in Special Case No.22/2004. The learned trial Court convicted the appellant under Section 8/20 (b) (ii) (c) of the NDPS Act, 1985 and sentenced to 10 years and 6 months R.I. with fine of Rs.1,50,000/ - and in default of payment of fine, to undergo additional S.I. for six months.

(2.) LEARNED counsel for the appellant submitted that the substantive sentence imposed on appellant -accused under Section 8/20 (b) (ii) (c) of the NDPS Act was rigorous imprisonment for 10 years and 6 months. The appellant has already undergone more than 8 1/2 years sentence, but as fine of Rs.1,50,000/ - was imposed and in default of payment of fine, the trial Court ordered the appellant to undergo simple imprisonment for 6 months. He is in jail and, therefore, he could not pay the amount of fine of sentence. The Court has no right to order substantive sentence in default of payment of fine. The order passed by the trial Court imposing sentence and action of authorities in keeping the appellant in jail are illegal and unlawful and the appellant is entitled to be set at liberty forthwith.

(3.) AFTER hearing the arguments of the learned counsel for the parties and on perusal of the impugned order, I am of the view that minimum sentence under Section 3 r/w Section 18 of the NDPS Act is 10 years and the appellant is in custody for more than 9 years and, therefore, directed the order of conviction as well as sentence recorded by the trial Court is reduced to 10 years by holding that he has completed more than minimum sentence, which is just and proper and it did not call for further interference.