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TMI Blog2016 (3) TMI 471X X X X Extracts X X X X X X X X Extracts X X X X ..... al 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 Rs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 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 twelve witnesses to prove its case. In 313 Cr.P.C. statement the appellant denied her involvement in the crime and pleaded false implication. The trial resulted in he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ominal 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. Substantive sentence i.e. RI for ten years cannot be modified or altered as it is the minimum sentence prescribed under the Act. The appellant has been further sentenced to pay a fine of Rs. 1 l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bubkhan Pathan vs. State of Gujarat, 2012 (10) SCALE 21, decided on 05.10.2012, the Supreme Court reduced the sentence from 15 years to 10 years as the appellant therein had already served nearly 12 years in jail. The order on payment of fine of Rs. 1,50,000/- was upheld but default sentence was reduced from RI for 3 years to RI for 6 months. The appellant therein was found in possession of 500 gr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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