2011 (7) TMI 899

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....T   1. Heard Mr. Usgaonkar, learned Counsel for the appellant and Mr. Ferreira, learned Public Prosecutor for the respondent.   2. Since the appellant is in jail and this appeal is filed challenging only the sentences imposed on the appellant that too in default, the appeal is taken up for final hearing out of turn.   3. The appellant was tried by N.D.P.S. Court at Mapusa i....

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....een in custody/jail since then. There is no serious dispute that the appellant has undergone substantive period of imprisonment imposed on him by the N.D.P.S. Court.   4. On behalf of the appellant, the only ground urged in support of the appeal is that in default sentences imposed on the appellant for the offences punishable under Sections 20(b)(ii) and 22 of The Act are excessive; the ap....

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....he case of Ramesh Kumar Versus State of Delhi.   5. On behalf of the respondent, learned Public Prosecutor submitted that he could not get any instructions as to whether the appellant comes from poor family or not since the appellant hails from Nepal.   6. I have carefully considered the rival submissions, perused the record and the judgments relied upon.   7. In the case o....

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....isonment for 10 years for the offences punishable under Section 21, 20(b)(ii) and 18 of The Act and maintained the sentence of 10 years rigorous imprisonment and fine of Rs.1 Lac, however, reduced in default sentence imposed by the Sessions Court and maintained by this Court from one year to six months. No doubt, the imposition of in default sentence is in the discretion of the trial Court. Howeve....