JUDGMENT : This appeal has been filed against the judgment and order dated 29-9-2008 passed by learned Special Judge, NDPS Cases, Jhalawar whereby he has been convicted under Sec. 8/21 NDPS Act and sentenced to 10 years- rigorous imprisonment along with fine of Rs. 1,00,000/-, and in default of payment of fine to further undergo one year simple imprisonment. 2. Brief facts of the case are that on 25-3-2007, SHO, P.S.-Bhawani Mandi has received an information that accused Ratanlal is involved in smuggling activities for last so many years and today he will go from his village Kesauda to village Sulia along with smack and thereafter proceed to Bhawani Mandi in the train. If he is investigated in between the village Kesauda and Sulia, certain smack will be recovered from him. Upon this information, a search was made of accused and from his shirt, one packet was found intact on his stomuch. During the course of investigation, accused Sardar Singh was also taken into custody. After investigation, police filed challan before the trial Court, and the trial Court framed charges against the accused Ratanlal and Sardar Singh for the offence under Sec. 8/21 NDPS Act and under Sec. 8/29 NDPS Act respectively. Both of them denied the charges and claimed to be tried. Thereafter prosecution in support of its case examined 11 witnesses and got certain documents exhibited. Statements of accused apellant under Sec. 313 Cr. P.C. were recorded. 3. After hearing both the parties, the learned trial court vide impugned order dated 29-9-2008 convicted and sentenced the appellant Ratanlal as indicated above, and acquitted the other co-accused Sadar Singh from the offence under Sec. 8/29 NDPS Act. Hence this appeal has been preferred against the order dated 29-9-2008. 4. Learned counsel for the appellant has requested to this Court that he is not challenging the conviction and sentence part of the impugned judgment, but he is requesting to this court that since accused appellant has remained in custody of 07 years, 03 months and 10 days, therefore, one year simple imprisonment as imposed in default of payment of fine of Rs. 1,00,000/-, may be reduced to six months. It is further contended that accused-appellant belonged to SC category and his family background is very poor and he comes under BPL family. 1,00,000/-, may be reduced to six months. It is further contended that accused-appellant belonged to SC category and his family background is very poor and he comes under BPL family. He has total five children (two sons and three daughters) and he is the only bread earner of his family and due to his being in jail, the financial condition of his family is very pathetic. 5. Learned Public Prosecutor has opposed the same. 6. I have heard learned counsel for the parties and perused the impugned order. 7. Looking to the facts and circumstances of the case, and the prayer made above, I deem it just and proper to dispose of this appeal. 8. In the result, this appeal is disposed of with the following directions : (i) The conviction and sentence passed by the learned trial Court vide order dated 29-9-2008 is maintained. (ii) One year simple imprisonment as imposed in default of payment of fine of Rs. 1,00,000/-, is reduced to six months simple imprisonment. (iii) The impugned order dated 29-9-2008 is modified as indicated above. Order accordingly.