1 Cri.Appeal 526-2008 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.526 OF 2008 Naushad Ali Shaikh .Appellant Indian Inhabitant, Age:42 years R/o.flat No.8, Ground floor, Sachinam Apartment, Naya Nagar, Near Laxmi Park, Mira Road(E), District : Thane. V/s. 1. Union of India .Respondents V.K.Tolani, I.O., Directorate of Revenue Intelligence, Mumbai. 2. The State of Maharashtra Mr.Ayaz Khan, Advocate, for the Appellant Mr.F.E.S.Saldhana, Spl.P.P., for Respondent No1. - UOI Mrs.M.M.Deshmukh, APP, for Respondent No.2 CORAM : R.C.CHAVAN, J. DATE : 8TH JUNE, 2011 ORAL JUDGMENT . This Appeal is directed against appellant's conviction along with one P. Muthudass for the offence punishable under Section 29 read with Section 8(c) and Section 2 Cri.Appeal 526-2008 22 of the NDPS Act and sentence of rigorous imprisonment for ten years with a fine of Rs. 1,00,000/- or in default rigorous imprisonment for six months inflicted on each of the two counts. The appellant has been in jail since 7th February, 2001 when he was arrested. Co- accused P. Muthudass was admitted to bail after almost eight years. Considering the fact that the appellant has already undergone substantive sentence of ten years which was imposed upon him when the learned Counsel for the appellant does not wish to press the appeal on merits and restricts it on only to sentence in default of payment of fine. He submits that the appellant is a heart patient as has been noted in para 159 of the Judgment of the Trial Court. Since the appellant has already been in jail for ten years and four months, he wants the sentence in default of payment of fine be reduced to two months for each default. 3 Cri.Appeal 526-2008 2. The learned Special Public Prosecutor has strong objection and he states that the learned Special Judge has legally and rightly sentenced the appellant to suffer imprisonment for six months in default of payment of fine of Rs.1,00,000/- and therefore, this does not call for any interference. 3. Considering the fact that the appellant is suffering from some heart ailment and already suffered imprisonment for ten years and four months, though it cannot be said that imprisonment of six months in default of payment of fine of Rs.1,00,000/- is excessive or improper, in the peculiar circumstances of appellant's being unwell, the sentence in default of payment of fine of Rs.1,00,000/- is reduced to three months for each default i.e. six months in all. 4. Criminal Appeal is, therefore, partly allowed. Conviction of the appellant is 4 Cri.Appeal 526-2008 maintained. The sentence of rigorous imprisonment for ten years with a fine of Rs. 1,00,000/- on each of the two counts is also maintained. However, sentence in default of payment of fine of Rs.1,00,000/- on each count is reduced to three months for each default. A copy of Judgment may be sent to Central Prison, Nashik. (R.C.CHAVAN, J.)