ORDER 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 Section 21 of the Narcotic Drugs and Psychotropic Substances Act (for short "the NDPS Act") and was ordered to suffer rigorous imprisonmeut for 10 years and to pay a fine of Rs I lakh. In default, it was ordered that he shah suffer further rigorous imprisonment for a period of two-and-a-half years. He was also convicted for the offence punishable under Section 23 read with Section 8(c) of the NDPS Act and was sentenced to suffer RI for 10 years and was directed to pay a fine of Rs 1 lakh, in default, to suffer RI for two-and-a-half years. The Court also convicted him under Section 135-A of the Customs Act, 1962 and sentenced to suffer RI for three years and to pay a fine of Rs 10,000, in default, to suffer RI for six months. All the substantive sentences, imposed upon the appellant, were directed turn concurrently and that the appellant Was entitled to get the benefit under Section 428 of the Code of Criminal Procedure. It is also recorded that he was in custody since 11-6-1989. 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 the fine imposed upon him by the Court. He has also pointed out that the appellant is a Nigerian resident and intends to Arising out of SLPs (Crl.) Nos. 825-26 of 2001 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 a 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 RI for one year. The appeals are disposed of accordingly.