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2021 (11) TMI 591 - HC - Indian LawsSmuggling - Opium - quantum of sentence in lieu of default in payment of fine may also be reduced appropriately - occasion to interfere with the sentence awarded to the accused appellants or not - HELD THAT:- This Court need not go into the merits of the case and the conviction recorded by the learned trial court is hereby upheld. As far as the sentence is concerned, the learned trial court has awarded a total punishment of 15 years RI to each appellant and in default of payment of fine to undergo two years’ RI. Hon’ble Supreme Court while confirming the conviction of appellant therein reduced the sentence of 15 years to 10 years. Applying the law laid down by Hon’ble Supreme Court in the case of SHAHEJADKHAN MAHEBUBKHAN PATHAN VERSUS STATE OF GUJARAT [2012 (10) TMI 518 - SUPREME COURT] in the facts of this case, as the appellant is a first time offender, the sentence of 15 year as imposed by the learned trial court upon the appellant is hereby reduced to 10 years. Default sentence in lieu of fine - HELD THAT:- It is evident that the learned trial court has imposed a fine of ₹ 1,50,000/- and in default of which, the learned trial court has imposed two years’ R.I. - in the cases of N.D.P.S. Act, the sentence awarded in default of payment of fine is not akin to the main sentence. It is a penalty which a person incurs on account of non payment of fine. If the sentence is imposed against an offender he must undergo it; unless it is set aside or remitted in part or in whole either in appeal or in revision or in other appropriate judicial proceedings. Thus, the imprisonment ordered in default of payment of fine stands on a different footing. The conviction recorded by the learned trial court for offence under Section 8/18 of NDPS Act is hereby confirmed. The sentence imposed upon the present appellants to undergo 15 years rigorous imprisonment is hereby reduced to 10 years R.I. The order of payment of fine in the sum of ₹ 1,50,000/- is hereby maintained, however, in the facts and circumstances of the case, the sentence awarded in default of payment of fine i.e. two years’ R.I. is hereby reduced to one year R.I. Since the appellants have already served 11 years 04 months R.I, they may be released forthwith, if not required in any other case. Appeal disposed off.
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