VINOD KUMAR Vs. SH S K SRIVASTAVA

JUDGEMENT

(1.) THESE appeals are directed against the judgment dated 5th July, 2005 passed by the Special Judge, NDPS, New Delhi in SC No. 5 of 1997 convicting the appellant No. 1, Mr. Vinod Kumar and the Appellant No. 2, Mr. Jaspal Singh for the offences under Sections 21/23/29 of the Narcotics Drugs and Psychotropic substances Act, 1985 ( NDPS ). It is also directed against the order dated 8th july, 2005 whereby the learned Special Judge sentenced both the appellants to undergo rigorous imprisonment of twenty years and fine of Rs. 2,00,000/- each under Section 21 and 23 of NDPS Act and in default of payment of fine to further undergo rigorous imprisonment for one year. They were also awarded rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/- each under Section 29 NDPS Act and in default to undergo rigorous imprisonment for six months. These sentences were directed to run concurrently.

(2.) AS far as the present two appeals are concerned, on 28th September 2007 it was stated by learned counsel for both the Appellants that if the Court would consider modifying the sentence awarded by the trial court to that already undergone by each of the accused, then they would not press for hearing of the appeals on merits. This submission was made in view of the fact that by that date, the Appellants had already served over ten years of the sentence.

(3.) IT is stated that as of today each of the Appellants has already served over eleven years and three months of the sentence. It is again submitted by Mr. Harjinder Singh, the learned senior counsel appearing for the Appellant No. 2 and ms. Poornima Sethi, the learned counsel appearing for the Appellant No. 1 that they would not press for the hearing of their respective appeals on merits provided that the sentence awarded by the trial court to each of the Appellant be modified to the sentence already undergone by each of them.