Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotic Drugs and Psychotropic Substances Act 1985 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985:s. 8 r/w s.18 - Punishment for contravention in relation to opium - Accused caught carrying contraband opium - Sentence of ten years RI and fine of Rs.1 lakh and in default of payment of fine further RI for 3 years imposed by trial court and confirmed by High Court - HELD: Both the courts were right in convicting the accused and imposing the substantive sentence of 10 years RI and fine of Rs.1 lakh - However, considering the facts inter alia that accused was merely 'carrier' and a poor person unable to pay the fine, in default of payment of fine of Rs.1 lakh accused shall undergo RI for six months instead of 3 years as ordered by trial court and confirmed by High Court.s.18 - Power of Court to impose imprisonment in default of payment of fine - HELD: Though s.18 does not expressly provide for an accused to remain in jail in default of payment of fine and under the provisions of the Act there is no express power in a court to order imprisonment in default of payment of fine, in absence of a provision to the contrary, viz., that no order of imprisonment can be passed in default of payment of fine, such power is explicit and can always be exercised by a court administering criminal justice - Indian Penal Code, 1860 - ss. 63-70 - Code of Criminal Procedure, 1973 - s.30 - General Clauses Act, 1897 - s.25 - Administration of Criminal Justice. Criminal Law: Imprisonment in default of payment of fine - Nature of - HELD: the term of imprisonment in default of payment of fine is not a sentence - It is a penalty which a person incurs on account of nonpayment of fine - Difference between penalty and sentence - Explained. The appellant was caught carrying in a bag 7 kg. and 60 gms. of contraband opium. The trial court convicted him u/s 8 read with s.18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced him to rigorous imprisonment for 10 years and to pay a fine of rupees one lakh. In default of payment of fine he was ordered to undergo rigorous imprisonment for three years. The High Court having confirmed the conviction and sentence, the appellant flied the instant appeal.Besides challenging the orders of the courts below on merits, it was contended for the appellant that there was no provision in the Act to impose sentence in lieu of payment of fine and, therefore, no substantive sentence could have been imposed on the accused in default of payment of fine. Alternatively, it was pleaded that the appellant having undergone the substantive sentence of 10 years, and being a poor person unable to pay the fine, and merely a 'carrier' of the contraband opium not belonging to him, taking a liberal view, the sentence of imprisonment in default of payment of fine may be set aside.Two questions were raised before the Court: Whether a court of law can order a convict to remain in jail in default of payment of fine; and whether s.25 of the General Clauses Act, 1897 and s.30 of the Code of Criminal Procedure would apply to special laws and offences committed by a person not covered by IPC. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2007 INSC 1013 |
Petitioner | Shanti Lal |
Respondent | State Of M.p. |
SCR | [2007] 10 S.C.R. 727 |
Judgement Date | 2007-10-08 |
Case Number | 1375 |
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