SANJIV KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) This petition has been preferred by the applicant/convict (hereinafter referred to as 'the applicant') for issuing appropriate directions to the concerned authorities of the respondent/State to release him from Jail.

(2.) The facts relevant for the purpose of disposal of this petition, are that the applicant was tried by the learned Sessions Judge, Una on a charge under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereafter referred to as 'the Act') and was sentenced to rigorous imprisonment for 10 years and fine of Rs. 1,00,000/- and in default of payment of fine to undergo further rigorous imprisonment for one year vide judgment dated 5.7.2001.

(3.) The applicant preferred Criminal Appeal No. 441 of 2001 against the aforesaid conviction and sentence which was partly allowed by this Court vide judgment dated 24.6.2003 in the following terms :