(1) HEARD learned counsel for the parties. (2) DELAY condoned. (3) LEAVE, confined to the sentence part only, is granted. (4) IN the present case the appellant is convicted for the offence punishable under S. 21 of the Narcotic Drugs and Psychotropic Substances Act (for short the N. D. P. S. Act) and was ordered to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lakh. In default, it was ordered that he shall suffer further rigorous imprisonment for a period of two and a half years. He was also convicted for the offence punishable under S. 23 read with S. 8(c) of the N. D. P. S. Act and was sentenced to suffer R. I. for 10 years and was directed to pay a fine of Rs. 1 lakh, in default, to suffer R. I. for two and a half years. The Court also convicted him under S. 135-A of the Customs Act, 1962 and sentenced to suffer RI for three years and to pay a fine ofRs. 10,000/-, in default, to suffer RI for six months. All the substantive sentences. Imposed upon the appellant, were directed to run concurrently and that the appellant was entitled to get the benefit under S. 428 of the Code of Criminal Procedure. It is also recorded that he was in custody since 11th June, 1989. (5) THE learned counsel appearing on behalf of the appellant submits that the appellant has already undergone the sentence for more than 11 years as he was not in a position to pay a fine imposed upon him by the Court. He has also pointed out that the appellant is a Nigerian resident and Intends to leave India as early as possible. Considering the facts and circumstances of the case, the impugned order passed by the Special Judge imposing the sentence of rigorous imprisonment for two and a half years in default of payment of fine of Rs. 1 lakh is modified and it is ordered that in default of payment of fine of Rs. 1 lakh for both the offences to suffer R. I. for one year. The appeals are disposed of accordingly.