Excessive default sentences for non-payment of fines can be reduced based on the duration already served.

JUDGMENT

Dated this the 21^st day of January, 2026 This appeal has been filed at the instance of the accused in SC (NDPS) 65/2020 on the files of Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act) Cases, Thodupuzha.

2. Heard the learned counsel for the appellant as well as the learned Public Prosecutor in detail. Perused the judgment impugned.

3. In this case, on finding commission of offences punishable under Sections 20 (b)(ii)B r/w Section 29 of the NDPS Act by the accused, he was sentenced to undergo rigorous imprisonment for a period of four (4) years and to pay fine of Rs.50,000/- (Rupees fifty thousand only) for the offence punishable u/s. 20(b)(ii)(B) r/w 29 of the NDPS Act by the Special Court. In default of payment of fine, the accused was ordered to undergo rigorous imprisonment for a further period of one (1) year.

4. Today, the learned Public Prosecutor placed a report at the instance of the Superintendent, Central Prison and Correctional Home, Kannur dated 19.01.2026, whereby it has been reported that, as on 24.10.2025, the accused/appellant completed his substantive sentence and presently he has been undergoing his default sentence and the same would end on 24.10.2026.

5. On perusal of the judgment, imprisonment for a period of one year was imposed for non-payment of fine of Rs.50,000/-.

6. As argued by the learned counsel for the appellant, the rigorous imprisonment for one year imposed for non- payment of Rs.50,000/- as fine, found to be excessive and therefore, the same is liable to be interfered, to reduce the same.

7. Since the substantive sentence already undergone, I am of the view that the sentence imposed for non-payment of fine can be reduced for a period of four months which would end on 24.02.2026 and the accused/appellant shall be released thereafter.

The appeal stands allowed to the extent indicated above.

Sd/-