UNION OF INDIA Vs. SHAH ALAM

JUDGEMENT

(1.) The two respondents Shah Alam and Mazzum Haq were held guilty of illegally possessing 100 grams of heroin each and were accordingly convicted by the trial court under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1 lakh each and in default to undergo rigorous imprisonment for a further period of six months. They were acquitted of the other charge under Section 8 read with Section 29 of the Act. In appeal, the Allahabad High Court, Lucknow Bench, set aside the judgment and order passed by the trial court and acquitted the respondents of the charge under Section 8/21 of the Act.

(2.) Against the judgment and order of acquittal passed by the Allahabad High Court the Union of India has come in appeal by special leave.

(3.) The recovery of heroin from the two respondents was made on August 5, 1994. They were convicted and sentenced by the trial court by judgment and order dated May 11, 2000 and were finally released on being acquitted by the High Court by its judgment and order dated November 22, 2002. On inquiry from the court Mr. S. N. Terdal, learned counsel appearing for the appellant, Union of India, stated that the respondents were not on bail either during trial or after conviction during the pendency of their appeal. This means that the respondents have already served 8 years and 3 months out of the total period of sentence of ten years (plus the default period of six months).