GOPAL SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal has been filed by the appellants Gopalsingh, Pappoo Verma and Nareshnath for assailing the judgment of conviction and order of sentence passed against them by the Court of Special Judge ( under NDPS Act ), Mandsaur convicting them under sections 8/15 (c) read with section 29 of the Narcotic Drugs and Psychotropic Substances Act ( in short " NDPS Act " ) and sentencing them to rigorous imprisonment of ten years each, besides directing them to pay fine of Rs. 1,00,000/ - each; in default of payment of fine, to further undergo rigorous imprisonment of two years each.

(2.) DURING pendency of the appeal, all the three appellants were granted benefit of suspension of sentence, but on account of non -compliance of condition of depositing the fine, appellant no. 3 Naresh Nath could not avail the benefit of order suspending the sentence, therefore he is still in jail.

(3.) AS per the order sheet dated 06th September, 2012, it has been noticed that appellant Naresh Nath suffered police custody from 16/02/1997 to 24/02/1997 and thereafter, remained in judicial custody upto 15/01/1998 and since the date of the impugned judgment i.e. 19/02/2004, he is still in judicial custody and as such, he has suffered more than nine years and six months in judicial custody.