(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. On 15.02.2012, after the judgment was completed and guilt of the accused was recorded, the matter was adjourned to 27.02.2012 for enabling the learned Advocates to keep the accused present before the Court. On 27.02.2012, both the accused remained present. They were heard on quantum of sentence. A detailed order was passed. The Court did not find that any ground was made out for imposing the sentence less than the minimum prescribed.
2. The matter was adjourned to 05.03.2012 to enable accused No.1 to produce the documents of the property. On 05.03.2012, learned Advocate for accused No.1 filed affidavit of accused No.1, the same was perused. The Court deemed it proper to leave the question pertaining to the property of accused No.1 as it is. The learned Advocate for accused No.2 had filed sick note, hence the matter was adjourned to 12.03.2012. Thereafter, the matter was adjourned from time to time, i.e. 22.03.2012, 27.03.2012, 10.04.2012, 16.04.2012, 18.04.2012, 23.04.2012, 24.04.2012, 25.04.2012 and lastly on 27.04.2012, i.e. today.
3. Having taken into consideration all the relevant facts, this Court deems it proper to award the minimum sentence to both the accused for the offence under Section 20(b)(ii) of the NDPS Act.
4. As the judgment and order of acquittal dated 12.07.1990 passed by the learned Additional Sessions Judge, Jamnagar in Special Criminal Case No.1 of 1989 is quashed and set aside, both the accused are directed to undergo rigorous imprisonment for 10 years. They are imposed fine of Rs.1,00,000/- (Rupees One Lac Only), each. In default of payment of fine, they are directed to undergo further imprisonment for one year.
4.1 The period already undergone by them during trial be given set off as per Section 428 of the Code of Criminal Procedure.
4.2 In light of the directions given by the learned Additional Sessions Judge, no directions are required to be given qua muddamal.
5. At this stage, learned Advocates for the accused prayed for a reasonable time to surrender. Learned Advocates submitted that the Hon'ble the Apex Court will be closing for summer vacation on 13.05.2012 and it will not be possible for them to approach the Hon'ble the Apex Court before that date. The learned Advocates for accused submitted that the Hon'ble the Apex Court will be reopening on 04.07.2012. They prayed that atleast 6 weeks' time after reopening be granted to the accused to surrender.
6. The time to surrender is granted up to 16.08.2012.
The appeal stands allowed accordingly.
(Ravi R.Tripathi, J.) (G.B.Shah, J.) *Shitole Top