PRASHANT KUMAR AGARWAL,J. - (1.) With the consent of learned counsel for the parties the appeal itself was finally heard.
(2.) The accused-appellant has filed this Criminal Appeal under Section 374 Cr.P.C. against the judgment of conviction and order of sentence dated 10.07.2008 passed by the Special Judge (NDPS Cases), Jaipur in Sessions Case No.9/2005 whereby the learned trial Court after holding the appellant guilty for offence under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act,1985 (hereinafter to be referred as "the Act"), sentenced him to undergo rigorous imprisonment for fifteen years and to pay a fine of Rs. two lacs and in default thereof to further undergo rigorous imprisonment for two years. The appellant was also convicted for offence under Section 8/29 of the Act and sentenced to undergo rigorous imprisonment for fifteen years and to pay a fine of Rs. two lacs and in default thereof to further undergo rigorous imprisonment for two years. It was directed that both the substantive sentences would run concurrently. It is to be noted that along with appellant, co-accused were also convicted and sentenced accordingly and they have filed separate appeals which are pending.
(3.) Learned counsel for the appellant after arguing the appeal on merit for some time submitted that as the appellant has already served more than twelve years of imprisonment out of sentence of imprisonment of fifteen years awarded by the trial Court, he does not now want to challenge his conviction for aforesaid offences and his only prayer is that the substantive sentences of imprisonment awarded to the appellant by the trial Court for aforesaid offences may be reduced and modified to the period of imprisonment already undergone by him. It was also prayed that the appellant is a poor person and is not in a position to pay the amount of fine of Rs. two lacs as imposed by the trial Court and his further prayer is that the amount of fine may be reduced to the extent of minimum fine of Rs. one lac for each of the aforesaid offences and the default sentences may also be reduced and modified to the extent of imprisonment for three months. It was further submitted that there is no material on record to show that any other criminal case has ever been registered against the appellant.;