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2017 (3) TMI 1421 - HC - Indian LawsOffence punishable under Section 21 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 - Held that:- In terms of the affidavits that have been filed by the learned Additional Advocate General, Punjab, it is to be noticed that Avtar Singh alias Tari (appellant No.1) has undergone actual imprisonment of nine years, eleven months and five days as on 27.02.2017. He has availed of parole for a period of one year, two months and twenty-three days. However, he did not misuse the concession of parole that was granted. He was also convicted for the offence under Section 25 of the Arms Act in the same transaction and he filed criminal appeal, i.e. CRA-S No. 1180-SB of 2010, in this Court and he has undergone his sentence in the said case. There is no other case registered against him. Jassa Singh alias Dodhi (appellant No.2) has undergone actual imprisonment of nine years, nine months and nine days as on 27.02.2017. He has availed of parole for a period of one year, four months and nineteen days. The concession of parole that was granted to him was not misused by him. There is no other case registered against him. No remission has been given to the appellants in view of the provisions of Section 32 of the NDPS Act. Therefore, the period of imprisonment that is mentioned is actual imprisonment and despite being in custody for a long period, the appeal of the appellants could not mature for hearing. Therefore, the appellants were only carriers and have not been involved in any other case and during imprisonment they did not misuse the concession of parole that was granted, besides, their appeal has not matured for hearing even though they have undergone substantial period of their imprisonments, it would be just and expedient to reduce their sentences of imprisonments to eleven years and the amount of fine to ₹ 1,00,000/- each and in default of payment thereof, undergo further rigorous imprisonment for one year.
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