Sri Rajendra Singh, learned counsel for the appellant no. 2 - Laxmi Chand Kushwaha, is present. Sri Sanjay Kumar Singh, learned counsel for Union of India is also present, whereas none is representing appellant no. 1 - Chetan Swaroop Mittal and appellant no. 3 - Anwar Ali.
This appeal has been filed by the appellants against the judgment of conviction dated 20.08.2008, passed by Additional Sessions Judge, Court No. 3, Varanasi in Special Case No. 71 of 2005 (Case Crime No. 05 of 2004), Union of India Vs. Chetan Swaroop Mittal and others under Section 21- C of N.D.P.S Act, 1985, thereby convicted the appellants to undergo ten years of rigorous imprisonment and a fine of Rs. 1,50,000/- to each of the accused. Further convicted under Section 29 of N.D.P.S Act and to undergo ten years of rigorous imprisonment with a fine of Rs.1,00,000/- to each of the accused.
During the course of argument learned counsel for appellants submitted that he is not pressing the appeal on the point of merits rather he is pressing only on the point of punishment that has been awarded in default of payment of fine and he has requested that punishment in default of payment of fine may be reduced from two years to one year in each of the Sections 21 and 29 of N.D.P.S Act.
It is submitted by learned counsel for the appellants that substantive punishment has already been completed and appellants are in jail for last almost 12 years.
It is further submitted that no criminal history was there prior to the incident. It is further submitted that accused-appellants are poor persons and there is none in family.
In the circumstances this Court is of the view that reasons mentioned by learned counsel for the appellants can be deemed to be sufficient of reduction of punishment in default of fine.
Hon'ble Apex Court in the case of Shanti Lal Vs. State of M.P, 2007 (11) SCC, 243, has also observed that punishment in default of fine can be reduced.
In the given circumstances, the punishment awarded to the accused-appellants under Sections 21 and 29 of N.D.P.S Act respectively for undergoing for sentence for two years each in default of fine of Rs. 1,50,000/- and Rs. 1,00,000/- respectively is hereby reduced from two years to one year each and the appeal so far the appellant - Laxmi Chand Kushwaha, is concerned is liable to be allowed partly. Accordingly the appeal on the merits preferred by Laxmi Chand Kushwaha, is hereby dismissed whereas the appeal is partly allowed on the point of quantum of punishment that has been awarded in default of payment of fine and that is reduced from two years to one years in each of the Sections.
Appellants no. 1 & 3 are not represented by their learned counsels today.
List appeal of appellants no. 1 & 3 in due course.
Order Date :- 29.07.2016.
Vinod.