MOHAN BHANUDAS MOHITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is filed by the accused through jail. Heard Mrs. Ruchlta dhuru, advocate, appointed by the Court to represent the accused in this appeal. Criminal Application No. 4818 of 2003 is for condonation of delay. The judgment under challenge is dated 18-1-1992 delivered by the Additional Sessions Judge, Pune. There is obviously delay of more than nine years. But the prayer of the accused in the main appeal is not touching the merits of the matter or challenging his conviction or sentence as such. The prayer in the appeal is that the accused has been convicted in two cases by two Courts and awarded sentences of ten years. Both the sentences should run concurrently. It is for this limited purpose appeal No. 400 of 2002 is filed by the accused through Jail. As such looking to the prayer made, the delay is condoned. Criminal Application No. 4818 of 2003 is disposed of.

(2.) SO far as Criminal Appeal No. 400 of 2002 is concerned, it is admitted and, by consent, taken up for final hearing.

(3.) THE present appeal is filed by the accused challenging his conviction under Section 21 of the N. D. P. S. Act in Sessions Case no. 316 of 1990 by the Additional Sessions judge, Pune by Judgment dated 18-1-1992 by which he was sentenced to suffer R. I. for ten years and to pay fine of Rs. One lakh in default S. I. for one year. There was one more case against the accused vide Sessions Case no. 244 of 1991 and by the judgment dated 13-3-1992 accused was sentenced to suffer r. I. for ten years and to pay fine of Rs. One lakh In default one year R. I. The judgment in this Sessions Case No. 244 of 1991 and the conviction was challenged by the accused before this Court in Criminal Appeal no. 370 of 1992. It came to be dismissed on 5-9-1994.