Rodu Lal v. State
Case brief
What is this about?
Convicted appellant appealed against conviction under NDPS Act and excessive default sentence for fine default. High Court upheld conviction but reduced default imprisonment to one year. Case dismissed as devoid of other merit.
What did the court decide?
Default sentence reduced from two years rigorous imprisonment to one year rigorous imprisonment.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Appeal No. 120 / 2008
Rodu Lal son of Bhuwaniram
----Appellant
Versus
State of Rajasthan
----Respondent
For Appellant(s) : Mr. Pradeep Choudhary For Respondent(s) : Mr. Prakash Thakuria, Public Prosecutor
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Judgment /
23/11/2017 :
Instant appeal has been preferred under Section 374 of the Code of Criminal Procedure, 1973 in order to assail the impugned judgment dated 3rd of December, 2007, whereby the appellant was convicted for commission of offence punishable under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after to be referred as the Act of 1985) and vide a separate order of even date, was sentenced to undergo ten years rigorous imprisonment and to pay a fine of Rs.one lakh and in default thereof to further undergo two years additional simple imprisonment.
Issues for consideration
2 issues framed by the court
Whether the one-year default sentence imposed for non-payment of fine should be reduced considering the appellant's financial status and length of substantive sentence.
Whether mandatory provisions of Sections 50 and 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 were attracted in the instant case during a police patrol.
Parties & counsel
- appellant
Rodu Lal son of Bhuwaniram
- respondent
State of Rajasthan
Coram
Kanwalsingh Ahluwalia
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · November
- Registered
- Case no.
- CRLA/120/2008
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