MAN SINGH Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. Usgaonkar, learned Counsel for the appellant and Mr. Ferreira, learned Public Prosecutor for the respondent.

(2.) Since the appellant is in jail and this appeal is filed challenging only the sentences imposed on the appellant that too in default, the appeal is taken up for final hearing out of turn.

(3.) The appellant was tried by N.D.P.S. Court at Mapusa in Special Criminal Case No.16/2001 for the offences punishable under Section 20(b)(ii) and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('The Act' for short). The appellant has been convicted for the said offences by the judgment and order dated 12th June, 2003 and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.1 Lac and in default to undergo one year simple imprisonment for the offence punishable under Section 20(b)(ii) of The Act and also to undergo rigorous imprisonment for 10 years and to pay fine of Rs.1 Lac and in default to undergo simple imprisonment for one year for the offence punishable under Section 22 of The act. Both the sentences have been ordered to run concurrently. The appellant was arrested on 24th December, 2000 and has been in custody/ jail since then. There is no serious dispute that the appellant has undergone substantive period of imprisonment imposed on him by the N.D.P.S. Court.