An appellate court may reduce a default sentence of imprisonment to facilitate an appellant's release when the substantive sentence has already been served and the modification is unopposed by the prosecution.

JUDGMENT

This is an appeal filed challenging judgment in SC (NDPS) No.69 of 2020 on the files of the Special Court (NDPS Act cases), Thodupuzha.

2. The sentence imposed against the accused reads as under:-

“The accused is convicted and sentenced u/s.235 of Cr.P.C. to undergo rigorous imprisonment for a period of four (4) years and pay fine of Rs.1,00,000/- (Rupees one lakh only) in default of payment of fine, the accused shall undergo a further period of rigorous imprisonment for one (1) year.”

3. At the time of hearing, the learned legal aid counsel submitted that in this case the substantive sentence is four years and the default sentence is for one year. On perusal of the report forwarded by the Superintendent of Police, Central Prison and Correctional Home, Kannur as on 08.04.2026, the appellant completed 4 years, 5 months and 28 days imprisonment. Therefore, the learned counsel for the appellant submitted that reduction in the default sentence less than one year would facilitate the release of the appellant on completion of sentence and the said prayer alone is canvassed, after confirming the sentence.

4. The learned Public Prosecutor not opposed the reduction of default sentence, after confirming the conviction as submitted by the learned counsel for the appellant/accused.

5. In view of the above, the default sentence imposed against the appellant shall stand reduced for a period of eight months and the Jail Superintendent concerned is directed to release the appellant/accused in completion of substantive sentence imposed by the special court and modified default sentence of eight months, if his presence for custody is not required for any other purpose, while confirming the conviction and the substantive sentence.

This appeal stands allowed as indicated above.