NISHANT TRADERS Vs. STATE OF U. P.

JUDGEMENT

(1.) The instant appeal has been preferred against the impugned judgement and order dated 19.06.2008 passed by the Additional Sessions Judge/Fast Track Court, Court No. 2, Siddharth Nagar in Special Sessions Trial No. 11 of 2008 (State Versus Ram Teerth) arising out of Case Crime No. 11 of 2008, Police Station Dhebrua, District Siddharth Nagar whereby the appellant has been convicted under Section 20(b)(ii)(c)of N.D.P.S. Act and has been sentenced to undergo 12 years rigorous imprisonment with a fine of Rs.1,20,000/-. In default of payment of fine, he has to undergo three years additional rigorous imprisonment.

(2.) Heard Sri Ravindra Balkrishna Kanhere, learned counsel for the appellant as Amicus Curiae as well as learned A.G.A. for the State.

(3.) Learned counsel for the appellant has argued on merits but later on confined his arguments on the quantum of sentence as the appellant has already served the sentence awarded to him by the trial court and at present he is in jail in default of fine. According to the prosecution itself, he was arrested by the police on 11.01.2008 and is continuously in jail since the date of his arrest i.e. 11.01.2008. It is further stated that since the appellant has already undergone substantive period of sentence imposed upon him by the trial court, now his prayer is confined only for reduction of remaining period of imprisonment and the period which he has to undergo in default of payment of fine for a period of three years' additional rigorous imprisonment. In this behalf, it has been submitted that since higher than minimum punishment prescribed under N.D.P.S. Act upon the conviction under Section 20(b)(ii)(c)of N.D.P.S. Act has been awarded by the trial court to the appellant without assigning special reason and without even adverting Section 32(B) of N.D.P.C. Act, the sentence imposed by the trial court of 12 years rigorous imprisonment cannot be sustained.