JUDGMENT 1. - Heard learned counsels. 2. This appeal has been filed against the judgment of the learned Special Judge, NDPS Cases, Sriganganagar dated 29/11/2002, whereby, he has convicted the accused appellant under Section 8/15 of the Narcotic Drugs & Psychotropic Substance Act, hereinafter referred to as the 'Act', and sentenced him to undergo ten years R.I. and fine of Rs. 1,00,000/- and in default of payment of fine, to further undergo two years R.I. 3. The brief facts of the case are that on 21.9.2000 the police patrolling party while on routine checking at Narsinghpura Bus Stand saw one jeep coming from Suratgarh. When the said jeep No.HRU 1152 was stopped, four persons were found sitting at the front seat of the jeep and back of the jeep was loaded with bags (Bori), which on checking found to be filled with Post (NDPS). The driver of the jeep introduced himself to be Mahaveer Prasad and other persons were Raju, Ranjeet and Prithvi. The said 10 bags of 'Post Chura' were weighed and found to be of 3 quintals and 80 kgs in weight and same were seized and samples were taken. The driver of the jeep Mahaveer Prasad denied of having any permit to carry said 'post chura' (NDPS Article). 4. Learned counsel for the appellant submitted that though the sentence awarded to the accused appellant has been suspended by this Court on 16/12/2009 in S.B.Cr.Misc. II Bail application No. 991/2009 but since the appellant is not in a position to deposit the amount of fine as directed by the Court, he is still behind bars and has not been released on bail even though he has served the substantive sentence of 10 years.. Learned counsel for the appellant further submitted that he does not want to challenge the conviction and sentence under Section 8/15 of the Act but he simply prayed that the since the appellant has already been behind the bars since 21/9/2000 and has already undergone the substantive part of sentence of ten years and three months, therefore, the sentence of two years R.I. awarded in default of payment of fine may be reduced to three months R.I. Learned counsel also relied upon the decision of Coordinate Bench of this Court in the case of Jalal Khan v. State, S.B. Cr. Appeal No. 441 of 2005 decided on 13.5.2010 in this regard, in which a coordinate bench of this Court held as under:- "Accordingly, this appeal is allowed in part. While maintaining the conviction of the accused appellant u/s 8/21 of the Act & sentence of ten years R.I. with fine of Rs. One lac, passed by the learned special Judge, NDPS Cases, Pratapgarh vide his judgment dated 13.5.05, the sentence of one year's S.I. awarded in default of payment of fine of Rs. One lac is reduced to two months S.I. (Deo Narayan Thanvi), J." 5. On the other hand, learned Public Prosecutor has supported the judgment of court below. 6. Keeping in view all the facts and circumstances of the case, it seems that ends of justice will be met, if the sentence of two years R.I. Awarded in default of payment of fine of Rs. One lac is reduced to three months R.I., while maintaining the conviction and sentence under Section 8/15 of the Act, which is 10 years R.I., since the appeal is not being pressed on merits. 7. Accordingly, this appeal is allowed in part. While maintaining the conviction of the accused appellant under Section 8/15 of the Act and sentence of ten years R.I. with fine of Rs. One lac, passed by the learned special Judge, NDPS Cases, Sriganganagar vide judgment dated 29/11/2002, the sentence of two years R.I. awarded in default of payment of fine of Rs. One lac is reduced to three months R.I.Appeal partly allowed. *******