Full Judgment Text
CRL.A. No..2325of 2009 @ SLP(CRL.) No. 7359 of 2009
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2325 OF 2009
[arising out of SLP(CRL.) No. 7359 of 2009]
SAIYED SALIM SAIYED HUSSAIN SAIYED ..... APPELLANT
VERSUS
STATE OF GUJARAT ..... RESPONDENT
O R D E R
1. Application seeking exemption from filing
official translation is allowed.
2. Leave granted.
3. The appellant stands convicted for offences
punishable under Section 8C read with Sections 21 and
29 of the Narcotic Drugs and Psychotropic Substances
Act, 1985, for being in possession of 252 grams of
charas. The trial court on a consideration of the
evidence convicted and sentenced the appellant to
undergo 10 years rigorous imprisonment and Rs. 1 lakh
as fine and in default of payment of fine to undergo a
CRL.A. No..2325of 2009 @ SLP(CRL.) No. 7359 of 2009
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further period of one year's imprisonment. The High
Court has confirmed the conviction and sentence.
4. In this matter, we notice that the appellant has
already undergone almost 9 ½ years of the sentence. We
also notice that he is being represented by a counsel
appointed by the Supreme Court Legal Services Committee
and is apparently unable to pay the fine of Rs. 1 lakh.
5. The learned counsel for the State of Gujarat has
put in appearance and we have heard the learned counsel
for the parties.
6. Keeping in view the facts aforesaid, we direct
that the fine imposed on the appellant be reduced to
Rs. 1,000/- and in default of payment of fine the
appellant shall undergo imprisonment for a further
period of one month.
7. The appeal is allowed to the above extent.
..................J
[HARJIT SINGH BEDI]
..................J
[J.M. PANCHAL]
NEW DELHI
DECEMBER 04, 2009.
CRL.A. No..2325of 2009 @ SLP(CRL.) No. 7359 of 2009
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