2012 ALL SCR 2538
HARJIT SINGH BEDI AND GYAN SUDHA MISHRA, JJ.
Vishnu Prashad Vs. State Of Uttarakhand
Criminal Appeal No.1396 of 2011
12th July, 2011
Petitioner Counsel: Mr. NEMI NATH CHATURVEDI
Respondent Counsel: Mr. S.S. SHAMSHERY, Mr. JATINDER KUMAR BHATIA
Narcotic Drugs and Psychotropic Substances Act (1985), S.20 - Conviction under - Sentence - Convict sentenced to undergo imprisonment for 10 years and 2 years in default of payment of fine - Convict already undergone 11 years imprisonment - Held, ends of justice would be met if default sentence is reduced to one year. (Paras 2, 3)
JUDGMENT :- Leave granted.
2. In this appeal, the appellant stands convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and has been sentenced by the High Court to undergo imprisonment for ten years and to pay a fine of '1 lakh and in default of payment of fine to undergo rigorous imprisonment for a period of two years.
3. We are told by the learned counsel for the appellant that as of today the appellant has undergone almost 11 years of the sentence. We therefore, feel that the ends of justice would be met if the default sentence of two years is reduced to one year.
4. With this modification in the judgment of the High Court, the appeal stands dismissed.