Yashpal v. State
Case brief
What is this about?
The court disposed of an appeal maintaining the conviction and 10-year rigorous imprisonment for narcotics possession. It reduced the supplementary simple imprisonment for default of fine payment from one year to two months.
What did the court decide?
Simple imprisonment for default of fine reduced to two months.
What the court decided
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH
AT JAIPUR.
J U D G M E N T
S.B. CRIMINAL APPEAL No.1776/2007.
Yashpal Vs. State of Rajasthan.
Date of Judgment : July 21, 2016.
HON'BLE SMT.JUSTICE SABINA
Shri Praveen Balwada with Shri Deepak Soni for the appellant.
Shri V.S. Godara, Public Prosecutor for the State.
- Appellant has filed this appeal challenging his conviction and sentence as ordered by the trial court vide judgment/order dated 11.10.2007 in FIR No. 244/06, P.S. Behrod, Alwar. Appellant was found in possession of 23.100 kilograms of Ganja.
- During the course of arguments, learned counsel for the appellants has not challenged the conviction and sentence qua imprisonment of the appellant under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter referred to as 'the Act') but has submitted that since the appellant has already undergone 10 years of sentence as imposed by the trial court, the imprisonment in respect of default of payment of fine be reduced.
Issues for consideration
2 issues framed by the court
Whether the imprisonment for default of payment of fine should be reduced given the appellant has already undergone the principal sentence.
Whether to reduce the term of simple imprisonment from one year to two months in lieu of the fine.
Parties & counsel
- appellant
Yashpal
- respondent
State of Rajasthan
Coram
Sabina
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · July
- Registered
- Case no.
- CRLA/1776/2007
Similar cases
Judgements on the same questions, provisions and authorities, from every court