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2018 (1) TMI 121 - HC - Indian LawsOffence u/s 8/22 of N.D.P.S. Act - recovery of Contraband item - Heroin - Held that: - Accused can avoid to undergo further imprisonment in default of payment by making payment of such fine, therefore, it is the duty of court to keep in view the nature of offence, circumstances under which it was committed, the position of the offender, the other relevant considerations before ordering the offender to suffer imprisonment. It is argued that the accused is very poor, whose family is unable to maintain itself, accused had not committed any offence earlier, in such circumstances such an accused may be given relief by directing him to undergo smaller punishment in default of payment of fine so that only because of his inability to pay fine, serious prejudice may not be caused to his family members who are innocent. This Court is of the view that the accused may be granted relief in terms of the reduction in default sentence.
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