RAVI THAKUR Vs. STATE OF H P

JUDGEMENT

(1.) Appellant-convict Ravi Thakur, hereinafter referred to as the accused, has assailed the judgment dated 23.9.2010, passed by Special Judge (Fast Track Court), Kullu, District Kullu, Himachal Pradesh, in Sessions Trial No.12 of 2010, titled as State v. Ravi Thakur & another, whereby he alongwith his co-accused Jitender Kumar stands convicted for having committed an offence punishable under the provisions of Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as the Act), and sentenced each of them to undergo rigorous imprisonment for a period of ten years and pay fine of Rs. 1,00,000/- each and in default thereof to further undergo simple imprisonment for a period of two years. Coaccused- convict has filed separate appeal.

(2.) The judgment stands assailed by convict Ravi Thakur by taking several grounds in the appeal.

(3.) However, at the time of hearing Mr. Anup Chitkara, learned counsel for the accused-convict, confined the challenge only on the question of period of imprisonment, which the convict has to undergo, in the event of default of payment of fine by him. According to the learned counsel, convict is a poor man and cannot deposit fine of Rs. 1,00,000/-. As such, he wants the Court to reduce the period of imprisonment from two years. In support of his contention, learned counsel has referred to and relied upon Shahejadkhan Mahebubkhan Pathan v. State of Gujarat, 2013 1 SCC 570; and Shantilal v. State of M.P., 2007 11 SCC 243.