TMI Blog2016 (3) TMI 471X X X X Extracts X X X X X X X X Extracts X X X X ..... conditions of the sentence order are left undisturbed. - Decided partly in favour of appellant - CRL.A. No. 164/2013 & CRL.M.A.No.2916/2016 - - - Dated:- 19-2-2016 - S. P. Garg, J. For the Appellants : Ms Sunita Arora, Adv. Mr Krishan Kumar, Adv For the Respondents : Ms Pooja Bhaskar, Proxy 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant has already undergone substantive sentence awarded to her. 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 reveals that she has remained in custody for nine years, two months and two days as on 14.08.2015. She is not involved in any other criminal case and is not a previous convict. Subst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f NDPS Act. The Division Bench of Gujarat High Court had dismissed the Crl. A. No. 11 75/2002 vide order dated 08.07.2002. 8. Taking into consideration Section 30 of Cr.P.C. and the judgment of 'Shahejadkhan Mahebubkhan Pathan vs. State of Gujarat', (supra), the sentence order is modified to the extent that default sentence for non-payment of fine ₹ 1 lac each shall be SI for one month each instead of three months each. Other terms and conditions of the sentence order are left undisturbed. 9. Appeal stands disposed of in the above terms. Pending application also stands disposed of. Trial Court record be sent back forthwith with the copy of the order. A copy of the order be sent to the Superintendent Jail for informatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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