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TMI Blog2011 (7) TMI 899X X X X Extracts X X X X X X X X Extracts X X X X ..... ned Counsel for the appellant and Mr. Ferreira, learned Public Prosecutor for the respondent. 2. Since the appellant is in jail and this appeal is filed challenging only the sentences imposed on the appellant that too in default, the appeal is taken up for final hearing out of turn. 3. The appellant was tried by N.D.P.S. Court at Mapusa in Special Criminal Case No.16/2001 for the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... serious dispute that the appellant has undergone substantive period of imprisonment imposed on him by the N.D.P.S. Court. 4. On behalf of the appellant, the only ground urged in support of the appeal is that in default sentences imposed on the appellant for the offences punishable under Sections 20(b)(ii) and 22 of The Act are excessive; the appellant is presently undergoing in default sen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sp; 5. On behalf of the respondent, learned Public Prosecutor submitted that he could not get any instructions as to whether the appellant comes from poor family or not since the appellant hails from Nepal. 6. I have carefully considered the rival submissions, perused the record and the judgments relied upon. 7. In the case of Shanti Lal (supra), the Apex Court after considering t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 21, 20(b)(ii) and 18 of The Act and maintained the sentence of 10 years rigorous imprisonment and fine of Rs.1 Lac, however, reduced in default sentence imposed by the Sessions Court and maintained by this Court from one year to six months. No doubt, the imposition of in default sentence is in the discretion of the trial Court. However, in the present case, the fact remains that the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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