LAWS(DLH)-2008-2-50

ASHOK KUMAR Vs. STATE

Decided On February 08, 2008
ASHOK KUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 14th september, 1992 passed by the learned Additional District and Sessions judge (ASJ), Delhi in S. C. 1139 of 1991 convicting the appellant in FIR No. 78/90 under Section 21 of the Narcotics Drugs and Psychotropic Substances act, 1985 ('ndps Act'), sentencing him to ten years rigorous imprisonment and a fine of Rs. 1,00,000 failing which to undergo for a simple imprisonment for a further period of one year.

(2.) THIS appeal has had an unfortunate history of long pendency for reasons not attributable to the appellant but which undoubtedly has caused him irreversible hardship. Notice was first issued in this appeal on 12th november 1992. Thereafter on more than one occasion the appellant kept applying for interim bail and for suspension of sentence, both of which were declined. The appeal was however directed to be expedited by an order dated. 21st July 1995.

(3.) THEREAFTER when the appeal was still not taken up for hearing, orders granting interim bail to appellant for short periods were passed. The appeal was not heard even six years after it was filed. The following order was passed on 29th October 1998: