GHANSHYAM JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has preferred this appeal against the judgment and its order dated 18th August, 2003 passed by 1st Additional Sessions Judge -cum -Special Judge, Araria in Special Case No. 21 of 1998, Trial No. 2 of 1999. The appellant has been convicted under Sec.20(b) of the N.D. P.S. Act, 1985 (hereinafter referred to as the Act) and has been sentenced to undergo R.I. for five years and also to pay fine of Rs. 50,000.00 and in default to undergo R.I. for three years.

(2.) IT appears that on receipt of confidential report, the S.I. Police of Simraha Police Station raided the house of this appellant on 12.3.1998 and on search, 2 Kgms. of ganja was recovered from the house of the appellant. Ultimately, the appellant was put on trial and charge under Sec.20(b) of the N.D.P.S. Act, 1985 was framed against him.

(3.) IN course of hearing, the learned counsel for the appellant confined his submission only on the point of sentence. He did not challenge the finding of guilt to the appellant under Sec.20(b) of the Act. The submission of the learned counsel is that the appellant has already sufferred imprisonment more than the sentence awarded by the learned lower court. The court below has sentenced the appellant to undergo R.I. for five years and also to further undergo R.I. for three years in default of payment of fine. This appellant is in jail custody since the date of his arrest i.e. 12.3.1998. In other words, he has already remained in jail custody for about nine years. Therefore, no purpose will be served to decide this case on merit.