Bachitter Singh v. State

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 2020:DHC:707 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.

JUDGE JANUARY 31, 2020 ab