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2016 (3) TMI 471 - DELHI HIGH COURT

2016 (3) TMI 471 - DELHI HIGH COURT - TMI - Modification of Sentence order - Held guilty for committing offences 21(c) & 23(c) read with Section 28 of the NDPS Act - Appellant has already undergone substantive sentence awarded to her and is unable to pay the huge fine being a foreign national and in custody for the last more than nine years. - Held that:- by taking into consideration Section 30 of Cr.P.C. and the judgment of Shahejadkhan Mahebubkhan Pathan vs. State of Gujarat [2012 (10) TMI 518 .....

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counsel for Mr Satish Aggarwala JUDGMENT 1. The instant appeal has been filed by the appellant - Ma Sol Baillo to challenge the legality and correctness of a judgment dated 18.09.2012 of learned Additional Sessions Judge in Sessions Case No.71A/2006 under Sections 21/23 NDPS Act by which she was held guilty for committing offences 21(c) & 23(c) read with Section 28 of the NDPS Act. By an order dated 20.09.2012, she was awarded RI for ten years with fine ₹ 1 lac each under both the head .....

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(Ex.PW-1/A). The team arrived at the airport and intercepted the appellant holding the Philippines pass-port. She was apprised about the secret intelligence. Notice under Section 50 of NDPS Act (Ex.PW-7/B) was served upon her. On search of the suit case, she was found in possession of 2.100 kg. of heroin; the net weight of which was 2 kg. Subsequent proceedings were conducted during investigation. Upon completion of the investigation, a complaint was field in the Court. The prosecution examined .....

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. She is unable to pay the huge fine being a foreign national and in custody for the last more than nine years. 4. Since the appellant has opted to accept the findings of the Trial Court on conviction, in the presence of overwhelming evidence, her conviction under Sections 21(c) & 23(c) read with Section 28 of NDPS Act is affirmed. 5. Regarding Sentence Order, it transpires that she has already undergone almost the entire substantive sentence awarded to her. Nominal Roll dated 14.08.2015 rev .....

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