ABHAI KUMAR, J. - (1.) Heard Sri Ghanshyam Das, learned counsel for the appellants and the learned AGA for the State.
(2.) This appeal has been preferred against the judgment and order dated 13.10.2010 passed by Additional District and Sessions Judge/Fast Track Court No. 6, Ghaziabad, in Session Trial No. 283 of 2006 (State v. Gurubaksh) in Case Crime No. 796 of 2006 and in Session Trial No. 284 of 2006 (State v. Vikram) in Case Crime No. 797 of 2006, under Section 18/20 N.D.P.S. Act, Police Station Sihani Gate, District Ghaziabad, convicting the appellant Gurubaksh for twelve years of rigorous imprisonment with a fine of Rs. 1,20,000/- and in default in payment of fine to further undergo for two years additional simple imprisonment and convicting the appellant Vikram for 11 years rigorous imprisonment with a fine of Rs. 1,10,000/- and in default in payment of fine to further undergo for twenty months additional simple imprisonment.
(3.) During the course of argument appeal was not pressed on merit rather it is submitted that quantum of punishment that has been awarded by the trial court may be reduced to the minimum as follows: 1. Rigorous imprisonment to appellant Gurubaksh that has been awarded for 12 years and rigorous imprisonment awarded to the appellant Vikram for 11 years, may be reduced to 10 years; and 2. Additional simple imprisonment in default of payment of fine of Rs. 1,20,000/-, may be reduced from 2 years to appellant Gurubaksh and additional simple imprisonment in default of payment of fine of Rs. 1,10,000/-, to appellant Vikram, may be reduced from twenty months to six months. It is submitted by the learned counsel for the appellants that appellants are father and son and they have already undergone 10 years of rigorous imprisonment. It is further submitted that appellant Vikram who is son of Gurubaksh is the sole bread earner of the family. It is also submitted that there is no criminal history of the appellants and in case rebate as requested is granted, then they will not indulge themselves in any further illegal activities. ;