DONDUSA NEMASA BADDI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) ON I.A.I The accused has challenged in this appeal his conviction by the I Additional Sessions Judge, Dharwad, sitting at Hubli, under Section 34 of the Karnataka Excise Act, Sections 17,18 and 20 of the Narcotic Drugs and Psychotropic Substances Act ('NDPS Act' for short). Section 5 of the Explosive Substances Act and Section 25 of the Indian Arms Act, and has applied under I.A. I for bail. He has been sentenced to undergo RI for 10 years and to pay a fine of Rs. 1,00,000/- for the offences under Sections 17/18 of the NDPS Act; RI for 5 years and fine of Rs. 25,000/- for the offence under Section 29 of the NDPS Act; RI for 10 years and a fine of Rs. 1,00,000/- for the offence under Section 20 of the NDPS Act; RI for 5 years for the offence under Section 5 of the Explosive Substances Act and RI for 3 years with a fine of Rs. 8,000/- for the offence under Section 25 of the Indian Arms Act.

(2.) To invoke the various provisions of the NDPS Act, it is the prosecution allegation that on 3-9-1987 when the house in occupation of the accused was raided by the police party at Hubli, he was found in possession of 886 Kgs 500 Gms of Ganja, 520 Gms of opium, 130 grams of charas, a pistol, 23 live catridges, 4 country bombs and cash of Rs. 50,000/- which, according to the prosecution, was in his possession on account of his doing money lending business without a license. The trial court however acquitted the appellant/accused for the offence under the Money Lenders Act but convicted and sentenced him for the other offences as aforesaid.

(3.) In the bail application it is urged that the accused was on bail during the trial and he never abused the liberty granted to him while granting bail. The trial took place for nearly 6 years. His permanent place of residence is Hubli and has properties as well. The maximum sentence provided by law by way of substantive sentence of RI has now been imposed upon him. Thus, the only ground on which the bail is sought is that during trial he was on bail and he has not abused the liberty given to him.