RAJA @ RAJENDRA Vs. STATE

JUDGEMENT

(1.) The instant criminal Jail Appeal has been filed by the appellant-Raja @ Rajendra against the judgment dated 21.04.2009 passed by learned Special Judge, NDPS Act Cases, Hanumangarh in Sessions Case No.33/2007, by which the trial court convicted the present appellant for the offence under Section 8/18(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced him to 12 years of rigorous imprisonment and a fine of Rs.1,20,000/-; in default of payment of fine to further undergo 3 years rigorous imprisonment.

(2.) Shri Ripudaman Singh, learned Amicus Curiae at the threshold argued that he does not challenge the order of the conviction, however, he submitted that the appellant is behind the bars since 03.04.2007 and he has already served the total sentence of 11 years 9 months out of the total sentence of 12 years. So he prayed that a lenient view should be taken and the sentence awarded to the appellant should be reduced to that of already undergone by him. Learned counsel further submitted that the fine imposed by the trial court, which is to the tune of Rs.1,20,000/-, is excessive; and towards the default of payment of the fine also, a very harsh punishment of 3 years R.I. has been imposed upon the appellant. While placing reliance on the judgment of Hon'ble Supreme Court in the case of Shahfjad Khan Maebub Khan Pathan Vs. State of Gujarat, reported in (2013) 1 SCC 570, it was prayed that the quantum of sentence in lieu of default in payment of fine may also be reduced appropriately. No other ground was argued by the learned counsel for the appellant.

(3.) Learned Public Prosecutor opposed the prayer made by the learned counsel for the appellant and submitted that there is neither any occasion to interfere with the sentence awarded to the accused appellant nor any compassion or sympathy is called for in the said case.