1. The present appeal under Section 36-B of the Narcotic Drugs and Psychotropic Substances read with Section 374 of the Code of Criminal Procedure has been preferred by the appellant-convict challenging the impugned judgment and order of conviction and sentence passed by the learned Additional City Sessions Judge, Fast Track Court No. 3, Ahmedabad dated 30/11/2007 in Sessions Case No. 303/2005 by which the appellant has been convicted for the offence under Section 8(C) of the NDPS Act and sentenced to undergo 7 years R.I. with fine of Rs. 50,000/- in default to undergo further one year S.I.
2. Today when the present Criminal Appeal is taken up for final hearing, Ms Nisha Parikh, learned advocate appearing on behalf of the appellant has stated at the bar that by now the appellant has already undergone the sentence of 7 years R.I. imposed by the learned Sessions Court but as the appellant has not paid the fine of Rs. 50,000/- imposed by the learned Sessions Court, the appellant is in jail and undergoing default sentence. It is submitted that by now, the appellant has undergone the sentence of 7 years 2 months and 6 days. Under the circumstances, it is requested to reduce the amount of fine and consequently to reduce the sentence in default of payment of fine. She has stated at the bar that the appellant does not press the impugned judgment and order of conviction and the substantive sentence and has prayed to reduce the sentence in default of payment of fine and to reduce the amount of fine imposed.
3. Ms. C.M. Shah, learned APP appearing on behalf of the respondent-State has not disputed that by now the appellant has already undergone the substantive sentence and at present is undergoing the sentence in default of the fine imposed by the learned Sessions Court and, therefore, it is requested to pass an appropriate order considering the facts and circumstances of the case.
4. Having heard the learned advocates appearing on behalf of the respective parties and considering the above, it appears to the Court that as the appellant has already undergone the substantive sentence of 7 years R.I. and has also further undergone 2 months and 6 days sentence in default of payment of fine, it appears to the Court that if the amount of fine is reduced from Rs. 50,000/- to Rs. 25,000/- and the sentence in default to pay the fine is reduced from 1 year to 6 months S.I. it will meet the ends of justice.
5. In view of the above, the conviction imposed by the learned Additional City Sessions Judge, Fast Track Court No. 3, Ahmedabad convicting the appellant for the offence under Section 8(C) of the NDPS Act and to undergo the substantive sentence of R.I. is hereby confirmed and the present appeal qua challenging the impugned judgment and order of conviction and substantive sentence is dismissed as not pressed. However, in the facts and circumstances of the case and in the peculiar facts and circumstances of the case and considering the request made by Ms. Parikh, learned advocate appearing on behalf of the appellant recorded hereinabove, the impugned judgment and order passed by the Additional City Sessions Judge, Fast Track Court No. 3, Ahmedabad dated 30/11/2007 in Sessions Case No. 303/2005 is hereby modified so far as the amount of fine is concerned and the amount of fine is reduced from Rs. 50,000/- to Rs. 25,000/- and it is ordered that the appellant shall pay the fine of Rs. 25,000/- and in default shall undergo 6 months S.I. (instead of Rs.
50,000/- fine and in default to undergo 1 years S.I.) as per the order passed by the learned trial Court. Rest of the impugned judgment and order passed by the learned Sessions Court convicting the appellant for the offence under Section 8(C) of the NDPS Act and imposing the sentence of 7 years R.I. is hereby confirmed.
6. With this, the present appeal is allowed to the aforesaid extent.
(M.R. SHAH, J.) siji