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SUPREME COURT OF INDIA
R.C. LAHOTI, CJI., P.K. BALASUBRAMANYAN AND P.P. NAOLEKAR, JJ
MANSINGH APPELLANT
VERSUS
UNION OF INDIARESPONDENT.
CRIMINAL APPEAL NO. 1077 OF 2004, DECIDED ON SEPTEMBER 27, 2004
ORDER
1. LEAVE GRANTED.
2. THE APPELLANT HAS BEEN HELD GUILTY OF THE OFFENCE PUNISHABLE UNDER SECTIONS 8/18 AND 8/15 OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 AND DIRECTED TO UNDERGO RIGOROUS IMPRISONMENT FOR 10 YEARS WITH A
FINE OF RS 1 LAKH ON EACH COUNT.
3. THE APPELLANT HAS BEEN IN JAIL SINCE 1-3-1997 AND HAS ALREADY UNDERGONE MORE THAN SEVEN YEARS OF IMPRISONMENT. IT IS STATED BY THE LEARNED COUNSEL FOR THE APPELLANT THAT THERE IS NO LIKELIHOOD OF THE APPEAL BEING HEARD IN THE NEAR FUTURE. RELIANCE IS PLACED ON THE DECISION OF THIS COURT IN DADU V. STATE OF MAHARASHTRA1. THE LEARNED COUNSEL FOR THE APPELLANT STATES THAT THE APPELLANT IS PREPARED TO DEPOSIT THE AMOUNT OF FINE.
4. THE APPEAL IS ALLOWED. IT IS DIRECTED THAT ON THE APPELLANT DEPOSITING THE AMOUNT OF FINE, THE EXECUTION OF THE SENTENCE OF IMPRISONMENT SHALL REMAIN SUSPENDED DURING THE HEARING OF THE APPEAL BY THE HIGH COURT AND THE APPELLANT SHALL BE RELEASED ON BAIL TO THE SATISFACTION OF THE TRIAL COURT FOR APPEARANCE CONSISTENTLY WITH THE JUDGMENT OF THE HIGH COURT.
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