2020 (2) TMI 217 - HC - Indian Laws

Smuggling - Psychotropic Substances - conviction of offences u/s 20(b)(ii)(c) read with Section 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 - HELD THAT - Section 29 of the NDPS Act and to pay a fine of ₹ 1,00,000/- each and in default thereof to undergo simple imprisonment for 6 months vide order dated 11.10.2012. The appellants have almost served the substantial sentence as stated hereinabove. The conduct of the appellants has been reported to be satisfactory as per the nominal roll received from the jail authorities. The appellants have not been previously convicted nor are they involved in any other criminal case. Taking into consideration, Section 30 of the Code of Criminal Procedure, 1973, the default sentence of the appellants is reduced from six months to two months. It is ordered that the appellants shall pay a fine of ₹ 1 lac each and in default of payment of fine, the appellants shall have to further undergo simple imprisonment for two months. Appeal disposed off.

Summary

Issues:
Appeal against conviction and sentencing under NDPS Act, reduction of default sentence, application of Section 30 of CrPC, consideration of previous judgments.

Analysis:
The appellants filed appeals against the judgment and sentence passed by the Special judge under the NDPS Act, convicting them under Section 20(b)(ii)(c) read with Section 29 and imposing a 10-year rigorous imprisonment with a fine of ?1,00,000 each. The appellants did not challenge the conviction but sought leniency in the quantum of sentence due to almost completing 9 years and 9 months of their term. The court noted the appellants' satisfactory conduct in prison and their clean record, considering the reduction of the default sentence from 6 months to 2 months as per Section 30 of the CrPC and previous judgments cited by the appellants.

The judgment affirmed the Trial Court's findings on conviction but modified the default sentence, reducing it to two months instead of six. The appellants were ordered to pay a fine of ?1 lac each, with a default simple imprisonment term of two months in case of non-payment. The court took into account the appellants' nearing completion of the substantial sentence, their behavior in prison, lack of prior convictions, and the principles laid down in previous cases like Shahejadkhan Mahebubkhan Pathan v. State of Gujarat, Unice Ada Jemor v. Customs, and Raj Kumar v. State.

In conclusion, the appeals were disposed of with the modified default sentence and fine, as per the considerations of Section 30 of the CrPC and the referenced judgments. The court directed the Superintendent of Tihar Jail to inform the appellants of the order and return the Trial Court record promptly.