[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.713 OF 2005 Jerrison Lisiala Mayo ] aged about 41 years, ] Zimbabwe National ] resident of 13, Bross Street] Tokonbo, Zimbabwe, ] at present in Judicial ] custody in Kolhapur Central ] Prison, Kolhapur ]..Appellant [Ori.Accused No.2] Vs. 1. Union of India ] (Through I.O.NCB, ] Mumbai.) ] 2. The State of Maharashtra ]..Respondents .... Mr.Ayaz Khan Advocate for Appellant Ms.P.H.Kantharia counsel for Union of India Mr.V.B.Konde-Deshmukh APP for Respondent-State .... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : APRIL 22, 2008 DATE : APRIL 22, 2008 DATE : APRIL 22, 2008 ORAL JUDGMENT: ORAL JUDGMENT: ORAL JUDGMENT: 1. Heard the learned counsel for the appellant, the learned counsel for the Union of India i.e. NCB and the learned APP for the State. 2. By judgment and order dated 13th May, 2005 passed in NDPS Special Case No. 145 of 1998, the [-2-] learned Special Judge for Greater Bombay has convicted the appellant for the offence under Section 8(c) read with Section 29 of the NDPS Act and he was sentenced to RI for ten years and fine of Rs.1 lakh in default RI for six months. The appellant was also convicted for the offence under Section 8(c) read with Section 21 and 30 of the NDPS Act and was sentenced to RI for ten years and fine of Rs.1 lakh in default further RI for six months. The learned Special Judge directed that all the substantive sentences shall run concurrently. 3. Mr.Ayaz Khan, the learned counsel for the appellant has submitted that the appellant has not challenged his conviction or substantive sentence of imprisonment. He has submitted that the prayer of the appellant is only limited to reduction of in default sentence of imprisonment. Mr.Ayaz Khan has further submitted that the appellant has undergone the substantive sentence of imprisonment of ten years and the appellant has been sufficiently punished. Hence, it is prayed that the in default sentence may be reduced. The learned counsel for the NCB has submitted that there is no objection to [-3-] the in default sentence being reduced. 4. In view of the above, the conviction of the appellant on all counts is maintained. The substantive sentence of imprisonment and fine amount on the above counts, is maintained. However, in default sentence under Section 8(c) read with Section 29 of the NDPS Act is reduced from six months RI to one and half month RI. So also, in default sentence under Section 8(c) read with Sections 21 and 30 of the NDPS Act is reduced from six months to one and half month. On deposit of fine or undergoing the in default sentence as stated above, the appellant be released if not required in any other case. The passport of the appellant be returned to him. 5. Appeal is partly allowed. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]