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2017 (3) TMI 439 - HC - Indian LawsNDPS Act - sentences awarded to the appellant by the trial court seeked to be reduced - Held that:- In the present case, the appellant is in custody since the date of his arrest i.e. 28.05.2007 and as per the letter of Superintendent, Central Jail, Udaipur dated 01.11.2014 addressed to the Government Advocate, Rajasthan High Court Jodhpur, the age of the appellant on 01.11.2014 was 74 years and up to 30.10.2014 he has served 7 years 5 months and 1 day’s imprisonment, as such at present the age of the appellant is about 77 years. Learned Special Public Prosecutor is not in a position to dispute the fact that the appellant is convicted for the first time for the aforesaid offences and no other criminal case was or is pending against the appellant. Looking to the peculiar facts and circumstances of the case, this Court is of the view that the ends of justice would be met if the sentences of imprisonment of appellant awarded by the trial court for the offences punishable under Sections 8/18 and 8/25 of NDPS Act are reduced from 15 years’ rigorous imprisonment to minimum sentences of 10 years’ rigorous imprisonment for each of the offence. Consequently, this appeal is allowed in part. While maintaining the conviction of appellant - Nand Lal S/o Veni Ram recorded by the trial court for the offences punishable under Sections 8/18 and 8/25 of NDPS Act, his sentence is reduced from 15 years’ rigorous imprisonment to 10 years’ rigorous imprisonment for each of the offence. Both the sentences are ordered to run concurrently. However, the fine imposed by the trial court is maintained but the sentences in default of payment of fine are reduced from 2 years’ rigorous imprisonment to 3 months’ rigorous imprisonment for each default.
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