GOPI & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is criminal appeal under section 374(2) of Cr.P.C., 1973 against the Judgment dated 09.02.2007 passed by the Special Judge, N.D.P.S. Cases, Banswara in Special Sessions Case No. 01/1999 vide which the appellants were convicted for the offence under Section 8/15 of the N.D.P.S. Act and were sentenced to undergo 10 years R.I. each and fine of Rs. 1,00,000/- each and in default of payment of fine to further undergo one year R.I.

(2.) Learned counsel for the appellants states that the appellant No. 1 - Gopi and appellant No. 3 - Kana @ Kaniya have completed their entire period of sentence and now are undergoing sentence with respect to the default in payment of fine. It is contended that the appellant Nos. 1 and 3 does not wish to press the appeal on merits but submits that a lenient view may be taken and sentence towards the payment of fine may be reduced to that as already undergone by them.

(3.) After taking into account the order and judgment as well as evidence on record, this Court finds that learned counsel for the appellants has rightly not argued the appeal qua appellant Nos. 1 and 3 on merits. However, there is merit in the argument of the learned counsel for the appellants with respect to the prayer towards reducing the sentence in default of payment of fine.