9911796707
TMI Blog2013 (9) TMI 732X X X X Extracts X X X X X X X X Extracts X X X X ..... of fine to undergo SI for six months. 2. The appellant was apprehended from the Departure Hall at IGI Airport on 24th August, 2003 and was alleged to be in possession of Heroine weighing 1.690kg by the Custom Authorities. In order to substantiate its case, prosecution examined 14 witnesses besides one court witness. Statement of the accused was recorded under Section 313 Cr. P.C. No defence evidence was led. After considering the facts on record and appreciating the arguments of the concerned parties, vide impugned order, the appellant was held guilty of being found in possession of Heroine weighing 1.690 kg which she was attempting to export out of India as she was bound to fly to Amsterdam by KLM Flight No. 872 dated 25th August, 2003. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tial sentence inasmuch as she remained in custody for a period of 9 years 11 months and 21 days. 8. As per the report, she was convicted in FIR 218/06 under Section 332, PS Hari Nagar and the sentence has already expired. However, her overall conduct has been reported to be satisfactory. She is also suffering from HIV+. As such, considering all these facts and circumstances of the case and in the interest of justice, the order of substantive sentence under both the sections is maintained as it is the minimum sentence, i.e., RI for 10 years. 9. In the case of Shahejadkhan (supra) relied upon by the learned counsel for the appellant, Hon'ble Supreme Court reduced the sentence from 15 years to 10 years as the appellant therein had already se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imposed except in exceptional cases." 10. This judgment was followed in Raj Kumar (Supra) by this Court. While maintaining the substantive sentence, the default sentence was reduced from 6 months to 3 months. 11. Taking into consideration Section 30 of Cr.P.C. and judgment of Hon'ble Supreme Court followed by this Court, the default sentence of 1 year each is reduced to 3 months each. It is ordered that the appellant shall pay a fine of Rs.1 lac and in default of payment of fine, she shall undergo SI for a period of 3 months each on both counts. 12. The appeal filed by the appellant is disposed of in the above terms. Pending applications also stand disposed of. 13. A copy of the order be sent to Superintendent, Tihar Jail, who shall se ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
