IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.586 OF 2007 Thanabalasingam Maniam a foreign national, aged 52 years, resident 23, Jalan 43, Sela Yang Baru, Batu Caves 61800, Selangor, D.E. Malaysia, and presently undergoing sentence at Kolhapur Central Prison, Kolhapur ...Appellant. v/s. 1 Union of India through Intelligence Officer, Directorate of Revenue Intelligence, New Marine Lines, Mumbai 2 The State of Maharashtra ..Respondents. Mr. Anil Lalla i/by M/s Lalla and Lalla, adv. for the Appellant. Ms P.P.Shinde, APP the Respondent no.2 /State. CORAM : J.H.BHATIA, J. DATE : 7th September, 2011 PC : 1 Accused/appellant has preferred this appeal challenging the judgment and order passed by the Special Judge, NDPS Special Court, Greater Mumbai in NDPS Special Case No.106 of 2001 whereby the appellant was convicted for the offence punishable under Sections 21 r/w section 8(c) of the NDPS Act and was sentenced to undergo R.I. for 10 years and to pay fine of Rs.1 lac and in default to pay fine, he was to undergo further R.I. for six months. 2 The learned counsel for the accused/appellant points out that the accused was arrested and is in custody since 15.6.2001 and thus, he has already undergone the complete substantive sentence of imprisonment on 14.6.2011. In view of these circumstances, the learned counsel does not want to press the appeal on merits but makes a request that the sentence of imprisonment in default to pay fine may be reduced so that the applicant, who is already in jail for the last about 10 years 3 months may be released . Accused is a foreign national. The learned Special Public Prosecutor has also no objection if sentence in default to pay fine is suitably modified. 3 In view of the above, appeal is partly allowed. While the order of conviction and sentence to undergo imprisonment and to pay fine of Rs.1 lac is maintained, it is hereby directed that in default to pay fine, he shall undergo further R.I. for three months. 4 Appeal stands disposed off accordingly. (J.H.BHATIA, J.)