JUDGMENT 1. - Heard the learned counsels for the parties. 2. This appeal is directed against the judgment and order dated 10.9.2003 passed by the learned Special Judge, N.D.P.S. Cases, Chittorgarh in Sessions Case No. 65/2002 whereby the learned trial Court has convicted the appellant for offence under Section 8/18 of the N.D.P.S. Act and has sentenced him to 10 years' R.I. and a fine of Rs. 1,00,000/-, in default to further undergo 1 year's S.I. 3. As per the case set up by the prosecution, on 18.7.2002, the Superintendent, Narcotics Bureau along with other personnel stopped Roadways bus No. RJ09-P/1965 at village Laxmipura and search of the bus was undertaken. It is alleged that on the enquiry from the person sitting at Seat No. 32, he disclosed his name to be Satpal Singh and told that the bag lying in his legs belonged to him. On the search of the bag being taken, 4 kgs. of opium was recovered for which Satpal Singh was not having valid permit. 4. After investigation, the police filed challan against the appellant for offence under Section 8/18 of the N.D.P.S. Act. 5. The learned trial Court framed charge for offence under Section 8/18 of the N.D.P.S. Act. 6. At the trial, the prosecution examined 8 witnesses in support of his case. The accused in his statement under Section 313 Cr.P.C. denied the allegation levelled against him, but did not choose to examine any witness in defence. 7. At the conclusion of the trial, the learned trial Court vide judgment and order dated 10.9.2003, convicted and sentenced the appellant as above. 8. The learned counsel for the appellant does not press this appeal on merits so far as conviction of the appellant for offence under Section 8/18 of the N.D.P.S. Act is concerned and only argued on the point of sentence only. The learned counsel for the appellant relied upon the decision of this Court in the case of Mahaveer Prasad v. State of Rajasthan, S.B. Cri. Appeal No. 411/2003 decided on 4.1.2011 in which this Court has reduced the sentence in default of payment of fine from 2 years' R.I. to 3 months' R.I. as well as decision of this Court in the case of Dharmveer v. Central Narcotics Bureau decided on 18.5.2010 in similar cases of N.D.P.S. convicts. Appeal No. 411/2003 decided on 4.1.2011 in which this Court has reduced the sentence in default of payment of fine from 2 years' R.I. to 3 months' R.I. as well as decision of this Court in the case of Dharmveer v. Central Narcotics Bureau decided on 18.5.2010 in similar cases of N.D.P.S. convicts. The learned counsel for the appellant also prayed for reduction of sentence in default of payment of fine from 1 year to 3 months' S.I. 9. The learned Public Prosecutor does not seriously oppose this contention and prayer of the learned counsel for the appellant. 10. The appeal is thus dismissed as far as conviction is concerned as not pressed. 11. Having considered the arguments of the learned counsel for the appellants on sentence part and looking to the circumstances under which the offence has been committed, in the opinion of this Court, the ends of justice will be met if the sentence in default of payment is reduced from 1 year to 3 months for offence under Section 8/18 of the N.D.P.S. Act as done in such other similar cases cited supra. 12. Accordingly this appeal is partly allowed with the modification of the impugned judgment of Court below to the extent that while upholding the conviction and substantive sentence of the accused appellant for offence under Section 8/18 of the N.D.P.S. Act, the sentence in default of payment of fine is reduced from 1 year to 3 months' S.I. The accused appellant is in jail since. 18.7.2002. He has served by now more than 8 years of sentence. He would be released after serving out the remaining part of the sentence as awarded above.Appeal partly allowed. *******