PREM DAS Vs. STATE

JUDGEMENT

(1.) Heard. Perused the material available on record.

(2.) This is 4th application for suspension of sentences filed on behalf of applicant-appellant Prem Das who has been convicted and sentenced for the offences under Sections 8/18 and 8/25 of the NDPS Act vide judgment dated 09.09.2016 passed by learned Special Judge, NDPS Cases No.2, Chhitorgarh in Sessions Case No.08/2014 (60/2008).

(3.) Learned counsel Shri Gill submits that while considering the 3rd application for suspension of sentences (No.354/2019), this Court had summoned the criminal antecedent report of the appellant and it was revealed that no other criminal case was registered against him other than the present one. He has placed on record the custody certificate of the appellant issued by the Superintendent, Central Jail, Udaipur, as per which, the appellant had remained in custody for 7 years 6 months and 5 days as on 07.03.2019. Thus, out of the 14 years imprisonment awarded to appellant, by now he has undergone actual imprisonment well in excess of 8 years and 2 months. Though while dismissing the 2nd application for suspension of sentences, this Court took note of the fact that the appeal had been listed for hearing on a number of occasions but since the rejection of the said application by order dated 25.09.2018 it is clear that the appeal could not be heard for one reason or the other. The appellant has undergone well in excess of more than half of the actual imprisonment awarded to him by the trial court. In the present circumstances, early disposal of the appeal appears to be unlikely.