Bachitter Singh & Anr. vs State
2020 Latest Caselaw 679 Del

$~54
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                Date of decision: 31.01.2020

+      CRL.A. 1662/2014
       BACHITTER SINGH & ANR.                             ..... Appellants
                           Through     Mr.Chetan Lokur, Adv.

                           versus

       STATE                                            ..... Respondent
                           Through     Ms.Pooja Bhaskar, Adv.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                           J U D G M E N T (ORAL)

1. The present appeal is filed under section 374(2) of Cr.P.C. against the

judgment and order dated 19.07.2014 and 23.07.2014 respectively passed by

learned ASJ, NDPS Act, Delhi in case SC No.16A/10 pertaining to Unique

case ID No.02403R023332010 under section 21/25/29 NDPS Act.

2. Vide order on sentence, he has been convicted and sentenced to

undergo RI for 10 years and fine of Rs.1 lakh for the offence punishable

under section 21(c) of the NDPS Act and in default of payment of fine, to

undergo SI for 3 months.

3. Learned counsel for the petitioner submits that as per the nominal roll

dated 18.01.2020, the appellant has already undergone 9 years 11 months 25

days in judicial custody, thus, as on date, he has completed 10 years and 10

days.

4. Counsel for the petitioner does not dispute the conviction order,

however, submits that the order on sentence be modified on the sentence of

10 days already undergone in default of payment of fine of Rs.1 lakh.

5. Keeping in view the fact that the appellant belongs to a very poor

strata of the society and his appeal is filed through legal aid, therefore, I

hereby modify order dated 23.07.2014 to the extent that he has to undergo

10 days imprisonment in default of fine amount.

6. Accordingly, jail authorities are directed to release the appellant

forthwith, since he has completed 10 days in default of fine, if not required

in any other case.

7. The appeal is, accordingly, disposed of qua appellant no.2 while

maintaining conviction order dated 19.07.2014.

Crl.M.A. 2313/2020

8. In view of order passed in Crl.A.1662/2014, the application has been

rendered infructuous and is, accordingly, disposed of.

9. Copy of this order be transmitted to the Jail Superintendent for

information and compliance.

(SURESH KUMAR KAIT) JUDGE JANUARY 31, 2020 ab