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2014 DIGILAW 593 (SC)

Natha Singh v. State of Punjab

2014-05-09

CHANDRAMAULI KR.PRASAD, PINAKI CHANDRA GHOSE

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ORDER : Chandramauli Kr. Prasad, J. Petitioner, aggrieved by his conviction under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentence of rigorous imprisonment for a period of sixteen years and fine of Rs. 2 lakh, in default, to undergo rigorous imprisonment for one year, has preferred this special leave petition. 2. Delay condoned. 3. Leave granted limited to the question of sentence. 4. Learned counsel appearing on behalf of the appellant submits that the appellant had already remained in custody for fourteen years and the ends of justice shall be met if the sentence is reduced to the period already undergone. 5. On the other hand, learned counsel representing the respondent-State, however, submits that the sentence awarded cannot be said to be excessive. 6. In the facts and circumstances of the case, we are of the opinion that rigorous imprisonment for a period of thirteen years and fine of Rs. 2 lakh, in default, to suffer imprisonment for one year shall meet the ends of justice. 7. In case the appellant has undergone sentence to the extent of the aforesaid period, he shall be set at liberty forthwith, if otherwise not required in any other case. 8. In the result, we partly allow this appeal and modify the sentence of the appellant, as aforesaid. Appeal partly allowed.