DHARMENDRA KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this common judgment Cr. Appeal No. 1256/2016 and 1513/2016 are being disposed of together as both the appeals arise out of the common judgment passed in Special Case No.11/2014 on 19.9.2016 by the Special Judge (Narcotic Drugs and Psychotropic Substances Act, 1985) (for short, the NDPS Act), Bastar at Jagdalpur.

(2.) Challenge in these appeals is to the judgment of conviction and order of sentence dated 19.9.2016 passed by the Special Judge ( NDPS Act), Bastar at Jagdalpur in Special Case No.11/2014 whereby and whereunder the appellants have been convicted under Section 20(b)(ii) (B) of the NDPS Act, appellant- Sanat Korram for illicit possession of 5 kg ganja and appellant Dharmendra Kumar for 2.5 kg of ganja and sentenced to undergo rigorous imprisonment for 5 years and to pay fine of Rs.10,000/- to each of the appellant, in default of payment of fine, to further undergo rigorous imprisonment for 3 months to each of the appellants with a direction that the period of detention be set off under Section 428 Cr.P.C.

(3.) As per facts surfaced, appellant, Sanat Korram is in custody since 21.10.2014 till date i.e. for 2 years, 5 months and 3 days and appellant - Dharmendra Kumar is in custody since 21.10.2014 till 7 th October, 2016, the date of order of suspension of his sentence and thereafter it took more days to furnish the bail bonds with this he remained in custody for about 2 years. Appellant Dharmendra Kumar has deposited the fine amount as the substantive jail sentence only was suspended.