THOUNAOJAM LEMBA SINGH Vs. INTELLIGENCE OFFICER

JUDGEMENT

(1.) This petition has been filed by the petitioner under Section 389 Cr.P.C. seeking to suspend impugned judgment dated 31.12.2018 and sentence dated 5.1.2019 imposed on the petitioner in Sessions Trial Case No.60 of 2018 on the file of the learned Sessions Judge, NDPS (FTC), Manipur and to release him on bail pending criminal appeal.

(2.) By the judgment dated 31.12.2018 in Sessions Trial Case No.60 of 2018, the learned Sessions Judge, convicted the petitioner/accused for the offence under Section 17(c) of the NDPS Act, 1985. After giving conviction judgment, the learned Sessions Judge, directed to list the matter on 5.1.2019 for sentence hearing and the petitioner was sent to jail. On 5.1.2019, the petitioner/accused was produced before the learned Sessions Judge, and heard the learned counsel for the parties, particularly, the petitioner and his counsel in respect of sentence to be awarded to the petitioner.

(3.) Upon consideration of the rival submissions and upon perusal of the relevant Section under which the petitioner was convicted, the learned Sessions Judge, sentenced the petitioner to undergo 10 years rigorous imprisonment and to pay fine of Rs.1 lakh within a period of one year, in default, to undergo another period of one year imprisonment. The learned Sessions Judge has also ordered that the period of detention undergone prior to the conviction by the petitioner shall be set off against the sentence of imprisonment within the ambit of Section 428 of Cr.P.C.