Jumai vs State of U.P.

Barkat Ali Zaidi, J.—The Appellant accused has been convicted in Special Case No. 198 of 1988, u/s 20 (b) (ii) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ''Act'') vide judgment dated 7.9.1999 by Special Judge (E.C. Act), Basti and sentenced to 12 year R.I. and a fine of Rs. 1,00,000 in default, further imprisonment for two years.

He has come in appeal here.

Heard Sri Sanjay Kumar Pandey, advocate, for the Appellant and Sri N. D. Rai, Addl. Government Advocate, for the State.

At the hearing of the appeal, his counsel preferred not to argue the case on merits and confine his arguments on the quantum of sentence. The arguments of the State counsel have also been heard.

Accused has been convicted to 12 years R.I., while minimum sentence is 10 year.

In cases, where the Legislature prescribes the minimum sentence, the Court should normally and usually award the same unless there are aggravating factors which should be recorded.

While fixing the quantum of sentence at 12 year and exceeding the sentence by two years from the there is minimum sentence, the trial court has not given any reason, as to why, the trial court is not adhering to the minimum sentence prescribed under the ''Act''.

The award of minimum sentence is not only in conformity with the intendment of the Legislature but also part of humanisation of justice.

Ten year is a long period for confinement and should suffice, since the Court has no option but to reduce the same.

The accused was further asked to pay a fine of Rs. 1,00,000 and in default, to undergo two years R.I. The Court again was a little tough and terse in awarding two year R.I. which could have been much less.

The Court has the option of reducing the period of sentence, in default, of payment of fine, to such level as it may consider appropriate in the circumstances. The Supreme Court decision in case of Shanti Lal v. State of Madhya Pradesh (2008) 1 SCC: 2008 (1) ACR 399 , is the authority for the same. We must also reduce the period of sentence awarded for non-payment of fine and we fix the same at four months.

The accused has already spent about nine and a half year in jail and he will be released after completion of ten year term plus four months more.

With these modifications, the appeal is disposed of.