PRATAP CHAND Vs. STATE OF H P

JUDGEMENT

(1.) Assailing the judgment dated 31.10.2008, passed by learned Special Judge, Fast Track, Kullu, H.P., in Sessions Trial No.50 of 2007, titled as State Versus Pratap Chand, whereby appellant stands convicted for having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) and sentenced to undergo rigorous imprisonment for a period of ten years and pay fine of Rs. 1,00,000/- and in default thereof, further undergo rigorous imprisonment for a period of one year, appellant has filed the present appeal under the provisions of Section 374 (2) of the Code of Criminal Procedure, 1973.

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

(3.) However at the time of hearing Mr. Anup Chitkara, learned counsel for the appellant, 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 one year.