RANBIR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) By this Criminal Appeal, the appellants have assailed their conviction under section 21(1) of the NDPS Act and have been sentenced to undergo RI for 15 years besides payment of fine of Rs. 1,00,000/-. In lieu of non-payment of fine, the appellants were further directed to undergo RI for 3 years each. With respect to offence under section 18(1) of NDPS Act, they were directed to undergo the penalty as besides payment of fine of Rs. 10,000/-. In default of non-payment of fine to further undergo RI for three months each.

(2.) Shri Vikas Jain, learned counsel for the appellants submits that his clients are not disputing their conviction but has only prayed that the default sentence awarded to the appellants in lieu of non-payment of fine, may be reduced with the sentence already undergone by them. It is submitted that the appellants are in custody for a period of more than 12 years.

(3.) The appellants have relied upon the judgment delivered by Hon'ble the Supreme Court in the case of Shahejad Khan Mahebub Khan Pathan Vs. State of Gujarat, 2013 1 SCC 570 wherein, in similar circumstances the appellants were convicted and sentenced to undergo RI for 15 years with fine of Rs. 1,50,000/- for carrying commercial quantity of brown sugar from one State to another and in default of payment of fine to further undergo RI for three years. The Apex Court has been pleased to hold paragraphs 9, 10,12,13,14,15 and 16.