DARIO VUANELLO Vs. CUSTOMS

JUDGEMENT

(1.) By way of the present appeal filed under Sec. 374(2) Cr.P.C. appellant has challenged the order dated 31 -8 -2001, whereby he was held guilty for the offences punishable under Sec. 20(b)(ii) and Sec. 28 read with Sec. 23 of NDPS Act. Further challenged the order on sentence of the even date, whereby he was sentenced to undergo RI for a period of 10 years with fine of Rs. 1,00,000/ - for the offence punishable under Sec. 29(b)(ii) of NDPS Act and in default of payment of fine, he was further sentenced to undergo SI for a period of six months.

(2.) As regards the offence under Sec. 28 read with Sec. 23 of NDPS Act, the appellant was sentenced to undergo RI for a period of 10 years with fine of Rs. 1,00,000/ - and in default of payment of fine, he was further sentenced to undergo SI for six months.

(3.) Vide order dated 12 -7 -2006, the sentence of the appellant was suspended. Since, appeared none on his behalf, vide order dated 14 -7 -2015, non -bailable warrants to be executed through SHO concerned were directed to be issued against the appellant. However, the said warrants could not be executed upon the appellant. Moreover, the surety of the appellant namely Mr. Ajay Kumar Baluni moved an application vide Crl. M.A. 14776/2015 on the ground that he is not able to produce the appellant and sought discharge of his surety bond. Accordingly, vide order dated 7 -10 -2015, the said surety was directed to deposit the surety bond amount of Rs. 50,000/ - with the Registrar (Appellate).