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Delhi High Court - Orders

Rahul vs State Of Nct Of Delhi on 8 July, 2020

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~7
                                *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +     CRL.A. 345/2020
                                      RAHUL                                          ..... Appellant
                                                      Through : Mr.Vishalraj Shijpal and Mr.Anwar
                                                                Ahmad Khan, Advocates.

                                                           versus

                                      STATE OF NCT OF DELHI                                ..... Respondent
                                                    Through :           Ms.Rajni Gupta, APP for the State.


                                      CORAM:
                                      HON'BLE MR. JUSTICE YOGESH KHANNA
                                                      ORDER

% 08.07.2020

1. The hearing has been conducted through Video Conferencing.

2. Exemption allowed, subject to the condition that petitioner will file the duly sworn/attested affidavit and the requisite Court fee within 72 hours from the date of resumption of the regular functioning of this Court.

3. The application stands disposed of.

4. For the reasons explained in the application, the delay of 314 days in filing the appeal stands condoned.

5. The application stands disposed of.

6. Exemption allowed, subject to all just exceptions.

7. The application stands disposed of.

CRL.A. 345/2020 and Crl.M.(Bail).No.7600/2020

8. This appeal is against the order on sentence dated 28.08.2019 passed by the learned Trial Court. The FIR No.552/2018 was registered under Section 21, 61, & 85 of the NDPS Act and under section 33, 38 of the Delhi Excise Act, wherein two accused person, including the appellant herein, were arrested.

9. The appellant during trial had pleaded guilty and the learned Trial Court had passed an order on sentence for the period already undergone by him in custody for the offences punishable under Section 33 & 38 of the Delhi Excise Act and also under Section 29 of the NDPS Act. However, the appellant was directed to pay a fine of Rs.50,000/- and in default SI for three months under Section 33 Delhi Excise Act; a fine of Rs.25,000/- and in default SI for 1½ months under Section 38 Delhi Excise Act; and fine of Rs.25,000/- and in default SI for one year under Section 29 NDPS Act.

10. The appellant is simply challenges the quantum of sentence imposed upon him as he has already undergone one year in default of payment of fine and only 4 ½ months remain, as such prays to waive off the fine amount, so that he can be sent out of custody.

11. Issue notice. The learned APP accepts notice of appeal and application for suspension of sentence. As sought, reply be filed within three weeks from today with an advance copy thereof to the learned counsel for applicant through email.

12. Latest nominal roll of applicant be also requisitioned from Jail Superintendent before next date of hearing.

13. List on 13.08.2020 and the status report as well as nominal roll Signature Not Verified Digitally Signed By:KAPIL SHARMA Signing Date:08.07.2020 14:14 be tagged with the hard file as well, a day before the listing of the matter.

YOGESH KHANNA, J.

JULY 08, 2020 DU/M Signature Not Verified Digitally Signed By:KAPIL SHARMA Signing Date:08.07.2020 14:14