DHIRENDRA BODO Vs. STATE OF SIKKIM

JUDGEMENT

(1.) By the judgment and sentence under appeal, the appellant has been convicted and sentenced by the Special Judge, Prevention of Terrorism Act (hereinafter referred to as 'P.O.T.A.') for having committed offences punishable under section 20 (1) of P.O.T.A. and section 5 of Explosive Substances Act (hereinafter referred to as 'E.S.A.'). The appellant, according to the arrest memo, was arrested on 1st January, 2003. Since then he remained in custody. The judgment was rendered on 14th October, 2008 and the sentence was ordered on 18th October, 2008. The appellant was sentenced to undergo simple imprisonment for a period of 5 years for having committed offence punishable under section 20 (1) of P.O.T.A. He was also sentenced to undergo simple imprisonment for a period of 5 years with a fine of Rs. 6,000/- and in default of payment of fine to undergo further simple imprisonment for a period of one month for having committed offence punishable under section 5 of E.S.A. and both the sentences were directed to run concurrently.

(2.) As on date the appeal was heard, the appellant had served the sentence.

(3.) The appellant has raised two technical contentions. The first of them is that the Designated Authority was not the Secretary to the Government of Sikkim. The second is that the consent of the District Magistrate was not obtained.