In the appeal preferred by the accused it is companytended that the accused had got serious companytentions as regards companyviction and the learned Single Judge, without companysidering them, has merely reduced the sentence to the period already undergone.
The accused was found guilty by the Special Court, of offence punishable under Section 8 read with Section 15 C of the NDPS Act and sentenced to 10 years R.I. and fine of Rs.1,00,000/ .
The impugned judgment does number give any reason for companyfirming the companyviction.
O R D E R CRIMINAL APPEAL NO.201 OF 2008 Arising out of SLP Crl.
The State has filed the appeal companytending that the minimum sentence has been prescribed under law for the offence punishable under Section 8 read with Section 15 C of the NDPS Act and the learned Single Judge 2 was number justified in reducing the sentence.
Consequently, the criminal appeal preferred by the accused is restored to the file of the High Court and we request the High Court to dispose of the same on merits.
Special leave petition Crl.
No.3453/2005 WITH CRIMINAL APPEAL NO.226/2008 Arising out of SLP Crl.
Both parties are justified in their grievance.
715/2008 CRLMP.No.17560/2007 Delay companydoned.
Leave granted.
Heard learned companynsel for the appellant and learned companynsel for the respondent.
The judgment passed by the learned Single Judge is number sustainable under law and the same is set aside.
By the impugned judgment the learned Single Judge of the High Court companyfirmed the companyviction but reduced the sentence to the period already undergone which was two years and three months .
