CRL.A. No..2325of 2009 @ SLP(CRL.) No. 7359 of 2009 1

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 2

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 3