MD. SAHABUDDIN Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This petition has been filed by the petitioner under Section 389(1) Cr.P.C. praying to suspend the operation of the judgment and order dated 01.10.2019 and the order of sentence dated 08.10.2019 passed by the learned Special Judge, ND&PS (FTC), Manipur in Special Trial Case No.167 of 2018 and to release the petitioner on bail during the pendency of the appeal.

(2.) The petitioner, who has been arrayed as first accused in Special Trial Case No.167 of 2018 on the file of the learned Special Judge, ND&PS (FTC), Manipur, was convicted under Section 21(c) 1985 and sentenced to undergo 13 years rigorous imprisonment with a fine of Rs.1,30,000/- under Section 21(c) and to undergo 7 years rigorous imprisonment with a fine of Rs.70,000/- under Section 22(b) of the ND&PS Act to be paid within a period of four months from the date of sentence, failing which the petitioner shall serve simple imprisonment for a further period of two years. Challenging the conviction and sentence imposed on the petitioner, the petitioner has filed the criminal appeal before this Court.

(3.) Along with the appeal, the petitioner has filed petition seeking to suspend the sentence stating that he has a very good case on merits and likely to succeed the appeal filed by him on the ground that the mandatory provisions as prescribed under Sections 41 and 42 of the ND&PS Act were not complied with by the arresting authority at the time of arrest and seizure of the alleged contraband.