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TMI Blog2018 (1) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... Crime No.155 of 2008, P.S. Nahtaur whereby the accused-appellant has been convicted and punished with 10 years R.I., fine of Rs. 1,00,000/- and in default of payment of fine, additional one year S.I. under section 8/22 of NDPS Act. 3. In brief, facts of the case are as follows:- 4. On 18.2.2008 police party consisting of SHO Shyamvir Singh (PW-1) along with S.I. Hemvir Singh and other police personnel were busy in official duty. The informant signaled their jeep to stop and gave information that one person was standing near Roadways Bus stand with a bag in his hand, which contained huge quantity of heroin, if hurriedly approached, he could be arrested and recovery of heroin could be made. Believing this information, the SHO Shyamvir Singh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... registered as Case Crime No.155 of 2008 under section 8/18/20/21/22 of NDPS Act against the accused by the Constable Suraj Pal (PW-4) and entry of this case was made in GD No.62 at 23:00 hrs. on the same day. Pursuant to the registration of that case, investigation was assigned to S.I. Santpal Singh (PW-5) who made inspection of the spot and prepared site plan at the instance of the first informant and after having recorded entire evidence and taking into consideration the report of FSL submitted charge sheet against the accused under sections 8/18/20/21/22 of NDPS Act. 5. On the basis of evidence adduced by the prosecution, a charge was framed under sections 8/22 of NDPS Act to which accused pleaded not guilty. 6. Thereafter, the prosec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar only because of his poverty. 10. The learned counsel for the appellant has relied upon Shantilal Vs. State of M.P., (2008) 1 SCC (Cri) 1, the relevant paragraph nos. 31 and 39 are reproduced herein below: "31. The next submission of the learned counsel for the appellant, however, has substance. The term of imprisonment in default of payment of fine is not a sentence. It is a penalty which a person incurs on account of non-payment of fine. The sentence is something which an offender must undergo unless it is set aside or remitted in part or in whole either in appeal or in revision or in other appropriate judicial proceedings or "otherwise". A term of imprisonment ordered in default of payment of fine stands on a different footing. A pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a carrier; he has to maintain his family; it was his first offence; because of his poverty, he could not pay the heavy amount of fine (rupees one lakh) and if he is ordered to remain in jail even after the period of substantive sentence is over only because of his inability to pay fine, serious prejudice will be caused not only to him, but also to his family members who are innocent. We are, therefore, of the view that though an amount of payment of fine of rupees one lakh which is minimum as specified in Section 18 of the Act cannot be reduced in view of the legislative mandate, ends of justice would be met if we retain that part of the direction, but order that in default of payment of fine of rupees one lakh, the appellant shall undergo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ducing the period of imprisonment which he has to suffer in default of payment of fine. The Court considers this to be a genuine case because the prosecution has not brought to the notice of the Court any such circumstance which may militate against the accused. 13. The learned AGA has not controverted the fact that the accused has no criminal history and that he comes from a poor background. Therefore, taking all these factors into considerations, this Court is of the view that the accused may be granted relief in terms of the reduction in default sentence. 14. The judgment and order of the court below is upheld with modification to the extent that in default of payment of fine by the accused-appellant, he shall further undergo one month ..... X X X X Extracts X X X X X X X X Extracts X X X X
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