M.C. Garg, J.
1. With the consent of the parties, arguments heard on this appeal, which has been filed on behalf of the appellant aggrieved of the judgment delivered in Special Case No. 16/2004,
Decided on 26-05-2006 by the Special Judge (NDPS) whereby, the appellant was convicted for the offence under section 8/21 (c) of the NDPS Act and has been sentenced to undergo 11 years RI besides payment of fine of Rs.1 lac
With default sentence. He has also been convicted for the offense under section 8/18(b) of NDPS Act and has been sentenced to undergo 13 years RI with fine of Rs.2 lacs with default sentence. Both the sentences to run concurrently.
2. Learned Counsel appearing for the appellant has submitted that the appellant is not assailing the judgment on merits as well as the judgement on the point of conviction, but submits that since the appellant has already completed more than 10 years, he only prays for the release of the appellant on the basis of the sentence already undergone by him.
3. He has relied upon the judgment of Hon ble the Supreme Court in Shahejad Khan Mahebub Khan Pathan Vs. State of Gujarat, reported in (2013) 1 SCC 570, wherein the appellant was convicted in that case under Sections 8 (c), 21 and 29 of the NDPS Act and was sentenced to undergo RI for 15 years with fine of Rs.1.5 lacs each and in default of payment of fine to further undergo RI for 3 years for carrying commercial quantity of brown sugar from one state to another and the sentence was reduced to the minimum prescribed period of 10 years considering that the appellant was first time offender.
4. In the present case also, according to the learned Counsel for the appellant, the appellant is first offender. Nothing has been brought to our notice by the learned Panel Lawyer for the respondent/state that the appellant is a habitual criminal.
5. Considering the law laid down by the Hon ble the Supreme Court in the case of Shahejad Khan Mahebub Khan Pathan (supra), and taking into consideration that the appellant stated to have completed RI for 10 years and has already deposited the fine amount, the appeal of the appellant is disposed of with the direction to release the appellant from jail after completing RI for 10 years by reducing his sentence on both the counts provided, if not wanted in any other case.
C.c as per rules.