JUDGMENT :

Gita Gopi, J.

1. The jail remarks shows that the respondent-accused had undergone imprisonment of one year and thirteen days. The impugned order had sentenced the accused for one year rigorous imprisonment and payment of fine of Rs.15,000/- and in default of payment of fine, three months simple imprisonment for the offence punishable under Sections 20 (B), 25, 27, 8, 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act” for short). The judgment was passed by the learned Special Judge, 2^nd Fast Track Court, Amreli in Special Case No.40 of 2007, against which, the State has come for enhancement of the sentence under Section 377 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The appeal bears the certificate copy, where the endorsement shows that by Receipt No.168 on the very same day of the judgment, the fine amount of Rs.15,000/- has been paid.

2. Section 377 Cr.P.C. reads as under:-

“377. Appeal by the State Government against sentence.—

(1) Save as otherwise provided in sub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecu