THANGMINLUN ZOU Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This petition has been filed by the petitioner under Sec. 389 Cr.P.C. praying to suspend the order of conviction and fine and the sentence of the petitioner and execution thereof awarded vide judgment dtd. 17/12/2020 and the order of sentence dtd. 28/12/2020 passed by the learned Special Judge, Manipur in Special Trial Case No.100 of 2018 till the disposal of the connected appeal and to grant bail to the petitioner.

(2.) The petitioner, who has been arrayed as accused No.4 in Special Trial Case No.100 of 2018 on the file of the learned Special Judge, ND&PS, Manipur at Lamphelpat was convicted under Ss. 21(c)/22(c) and Sec. 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for short, "the said Act" and sentenced to undergo 15 years rigorous imprisonment each with a fine of Rs.1,00,000.00 each to be paid within a period of one year from the date of sentence, failing which the petitioner shall serve another six months rigorous imprisonment. Challenging the conviction and sentence imposed on the petitioner, he has filed the criminal appeal before this Court.

(3.) Along with the appeal, the petitioner has filed the petition seeking to suspend the sentence stating that he has a very good case on merits and likely to succeed in the appeal filed by him on the ground that the mandatory provisions as prescribed under the said Act were not complied with by the prosecution.