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2015 DIGILAW 2058 (RAJ)

Pukhraj @ Satu v. State of Rajasthan

2015-12-09

SANDEEP MEHTA

body2015
ORDER : Sandeep Mehta, J. Admit. Issue notice. 2. Learned Public Prosecutor Shri JP Bhardwaj appears for the State, hence, notice need not be issued. 3. With the consent of learned counsel for the appellant and learned Public Prosecutor, the appeal itself is being heard and decided today itself. 4. By way of this appeal, the appellant has approached this Court being aggrieved of the judgment dated 22.9.2015 passed by learned Special Judge, (NDPS Act Cases), Bikaner in Sessions Case No.1/2006 whereby the petitioner was convicted for the offence under Section 8/18 of the NDPS Act and was sentenced to 10 years' rigorous imprisonment with a fine of Rs.1,00,000/- and in default of payment of fine, to further undergo six months' rigorous imprisonment. 5. Learned counsel for the appellant does not challenge the appellant's conviction and has made a limited prayer in the appeal. He submits that even by the date of passing of the impugned judgment, the appellant, who was in continuous custody from 8.7.2005, had already suffered actual imprisonment of 10 years, 2 months and 14 days. The trial Judge has awarded a default sentence of six months to the appellant in the event of non-deposition of fine of Rs.1,00,000/-. Thus, he prays that the jail authorities be directed to count the period of imprisonment suffered by the appellant above the term of 10 years towards the said default sentence. 6. Learned Public Prosecutor has submitted a custody certificate as per which the jail authorities are counting the six months' default sentence from the date of the judgment of the appellant's conviction. 7. In the opinion of this Court, ends of justice require that since the appellant had already suffered sentence in excess of 10 years on the date conviction i.e. 22.9.2015, the excess period over and above the said period of 10 years should be directed to be counted towards the default sentence of six months awarded to the appellant in lieu of deposition of fine of Rs.1,00,000/-. 8. Accordingly, the appeal is disposed of while affirming the appellant's conviction as recorded by the learned Special Judge (NDPS Act Cases), Bikaner in Sessions Case No.1/2006 vide judgment dated 22.9.2015. 8. Accordingly, the appeal is disposed of while affirming the appellant's conviction as recorded by the learned Special Judge (NDPS Act Cases), Bikaner in Sessions Case No.1/2006 vide judgment dated 22.9.2015. At the same time, the jail authorities are directed to add the period of detention suffered by the appellant in excess of the term of 10 years as on the date of conviction while counting the default period of six months awarded to the appellant in lieu of deposition of fine. The appellant shall be released from custody upon suffering actual sentence of 10 years and 6 months counting the period of his imprisonment from 8.9.2005. 9. The appeal is decided with the above modifications and observations. 10. A copy of this order be sent to the jail authorities forthwith. Appeal disposed of.