JUDGMENT :

Kurian, J.

Leave granted.

2. The appellant is convicted under Section 20(b) (ii) (C) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, "the NDPS Act") and sentenced to undergo rigorous imprisonment for 15 years and a fine of Rs.1,50,000/- with a default sentence of three years.

3. The High Court reduced the sentence from 15 years to 12 years. The fine of Rs.1,50,000/- was retained, but the default sentence was reduced to two years.

4. When the matter came up before this Court, on 09.10.2017, notice was issued on the quantum of sentence.

5. A similar situation came up for consideration before this Court in Shahejadkhan Mahebubkhan Pathan v. State of Gujarat, reported in (2013) 1 SCC 570, whereby having regard to the financial and other social conditions of the convicted person, this Court reduced the substantial sentence to 10 years and the default sentence to six months. The relevant considerations are available at paragraphs 15 and 16 of the Judgment, which read as follows :-

"15. It is clear that clause (b) of sub-section 1 of Section 30 of the Code authorises the court to award imprisonment in default of fine up to one-fourth of the term of imprisonment