(1.) Hon'Ble Supreme Court of India, vide its order dated 25th October 2017, has remanded this matter to this Court. The order reads as follows,
(2.) The matter for consideration before this Court is a criminal appeal, filed by the convict, under sections 374 of the Code of Criminal Procedure, 1973, starting now called as CrPC. The appellant is assailing the judgment of conviction dated 10th June, 2011 passed by Special Judge, Mandi, Himachal Pradesh, in Sessions Trial No. 55 of 2010, titled as State of Himachal Pradesh vs. Karam Singh, convicting the accused for commission of an offence punishable under section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, starting now called as NDPS Act. The trial Court imposed a sentence of rigorous imprisonment for twelve years and to pay fine of INR 1,20,000/- (Rupees one lac and twenty thousand only) and in default of payment of fine to further undergo simple imprisonment for two years. The Court, in terms of section 428 CrPC, ordered to set off the period of detention, undergone during the trial.
(3.) Upon the Supreme Court remanding back the matter to this Court, the Convict applied u/s 389 CrPC for suspension of sentence. Vide order dated, 5.3.2018, passed in Cr.M.P No. 218 of 2018, a bench of this Court suspended the sentence of imprisonment. As per the order of the trial Court, dated 16-07-2018, in the file of Cr.M.A 146 of 18, the appellant had deposited the amount of fine of Rs. 1,20,000/.Thus the appellant is out of custody from the date of his release, i.e. 26-11-2014.
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