HEGEDUS LAHEL CSABA Vs. UNION OF INDIA

JUDGEMENT

(1.) This application for suspension of sentence during the pendency of the appeal has been moved on behalf of the appellant who stands convicted under Section 20(B)(ii) and Section 23 read with Section 28 of the NDPS Act (hereinafter referred to as "the Act" only). The appellant was sentenced by the Trial Court to undergo RI for 10 years and pay a fine of Rs. 1 lakh, in default of which he was ordered to undergo further RI for six months.

(2.) The appellant who is a foreign national was a transit passenger from Nepal to Amsterdam. On the intervening right of 26th and 27th June, 1997, he was searched at IGI Airport, New Delhi and was found to be in possession of 13.476 kgs. Charas. The appellant was put to trial. Learned Trial Judge after considering the prosecution evidence and the defence of the appellant convicted and sentenced him as aforesaid. His appeal against conviction and sentence is pending disposal before this Court.

(3.) have heard learned Counsel for the appellant and learned Counsel for the respondent. I have gone through the records.