LALTHANG LHOUVUM Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This petition has been filed by the petitioner under Section 389(1) Cr.P.C praying to suspend impugned judgment dated 26.06.2020 and sentence dated 30.06.2020 imposed on the petitioner in Sessions Trial Case No. 113/2015/16 of 2016 on the file of the learned Special Judge, NDPS, Lamphelpat, Manipur and to release him on bail pending criminal appeal.

(2.) By the judgment dated 26.06.2020 in Sessions Trial Case No. 113/2015/16 of 2016, the learned Special Judge, convicted the petitioner for the offence under Section 18(b) of the NDPS Act, 1985. After giving conviction judgement, the learned Special Judge, directed to list the matter on 29.06.2020 for sentence hearing and the petitioner was sent to jail. On 30.06.2020, the petitioner was produced before the learned Special Judge, and the learned counsel for the parties were heard, particularly, the petitioner and his counsel, qua 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 special Judge, sentence the petitioner to undergo 15 years rigorous imprisonment and to pay fine of Rs.1 lakh within a period of six months from the date of passing of the sentence order, in default, to undergo another period of six months imprisonment. The Learned Special 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.