CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAKESH KUMAR)

Date : 27-03-2019

01. Appellants -Anjani Kumar Singh [Cr. Appeal (D.B.) No. 484 of 2013], Nagendra Singh [ Cr. Appeal (D.B.) No. 564 of 2013] and Mundrika Singh, husband of Puja Devi, who was substituted as appellant in Cr. Appeal (D.B.) No. 479 of 2013 after death of Mundrika Singh were tried together and by a common judgment all the three accused were convicted and sentenced in Special Case No. 12 of 1996, and as such, all the aforesaid three appeals were taken up together under the heading “For Hearing” and are being disposed of by this common judgment.

02. After the judgment of conviction dated 5^th April, 2013 passed in Special Case No. 12 of 1996, three convicts namely: Anjani Kumar Singh, Nagendra Singh and Mundrika Singh preferred Cr. Appeal (D.B.) No. 484 of 2013, Cr. Appeal (D.B.) No. 564 of 2013 and Cr. Appeal (D.B.) No. 479 of 2013 respectively. During pendency of appeal, Mundrika Singh [sole appellant in Cr. Appeal (D.B.) No. 479 of 2013] died on 19.04.2016 while he was in custody and under treatment in P.M.C.H. Subsequently, an interlocutory application vide I.A. No. 3216 of 2018 was filed on behalf of the appellant- Mundrika Singh by his wife for allowing her to pursue the appeal since deceased appellant besides being sentenced to undergo imprisonment was also imposed fine. The said interlocutory application was allowed on 10.12.2018 and name of widow of Mundrika Singh namely Puja Devi was substituted as appellant after expunging the name of Mundrika Singh. Appellant -Anjani Kumar Singh, Nagendra Singh and Mundrika Singh ( husband of Puja Devi) by judgment dated 05.04.2013 were convicted under Section 20(b)(ii)(c) and Section 29 of the Narcotic Drugs And Psychotropic Substances Act, 1985 (hereinafter referred to as the “NDPS Act”). Appellant- Anjani Kumar Singh [Cr. Appeal (D.B.) No. 484 of 2013] and Mundrika Singh [Cr. Appeal (D.B.) No. 479 of 2013] were further held guilty and convicted for offence under Section 25 and 27 of the NDPS Act. By order dated- 08.04.2013 under Section 20(b)(ii)(c) of the NDPS Act all the three convicts were sentenced to undergo rigorous imprisonment for fifteen years and to pay a fine of Rs. 1,50,000/- each. In case of default in payment of fine all the three convicts were further directed to undergo rigorous imprisonment for three years. Under Section 29 of the NDPS Act all the three convicts were sentenced to undergo rigorous imprisonment for five years. Under Section 25 of the NDPS Act convicted -appellant / Anjani Kumar Singh and Mundrika Singh were sentenced to undergo rigorous imprisonment for fifteen years and to pay a fine of Rs. 1,50,000/- each. In case of default in payment of fine they were directed to further undergo rigorous imprisonment for three years and under Section 27 of the NDPS Act both were directed to undergo rigorous imprisonment for one year and to pay a fine of Rs. 20,000/- each. In case of default in payment of fine both were directed to further undergo rigorous imprisonment for one year. All the sentences were directed to run concurrently. After their conviction and sentence aforesaid three appeals were preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “Cr.P.C.”). Cr. Appeal (D.B.) No. 479 of 2013 filed by Mundrika Singh was admitted on 27.05.2013. Cr. Appeal (D.B.) No. 564 of 2013 preferred by Nagendra Singh was admitted on 28.06.2013 and Cr. Appeal (D.B.) No. 484 of 2013 filed by Anjani Kumar Singh was admitted on 30.05.2013. During pendency of appeal appellant -Nagendra Singh [Cr. Appeal (D.B.) No. 564 of 2013] was extended the privilege of bail by order dated 22.02.2016 passed by a Co-ordinate Bench of this court on interlocutory application filed by the appellant vide I.A. No. 1793 of 2015, however, prayer for bail of remaining two co- convicts namely: Anjani Kumar Singh and Mundrika Singh was repeatedly rejected. During pendency of appeal Mundrika