National Investigation Agency Act, 2008
Section 21—Reduction of fine and/or reduction of default sentence imposed on the convicted appellants in NIA case—Appellant’s plea is limited to reduction of fine amount and/or default sentence imposed by the ASJ—It is evident from the SEI report that appellants and their families are not in a financial position to pay the said fines in toto and therefore, have no alternative but to suffer default sentence—It is categorically enunciated by the Apex Court that a term of imprisonment in default of payment of fine is not a sentence but a penalty incurred for non-payment—Appellant’s jail conduct is without a blemish, and must be taken into account in the present case—Appellants’ admission of guilt is a clear indication of possibility of reform and therefore invites the court to employ a degree of proportionality—Fine imposed for each of nine offences for which the appellants have been convicted is reduced. [Indian Penal Code, 1860, Sections 63 to 70]
[Paras 17 to 24]
/Decision : Appeal allowed