Calcutta High Court (Appellete Side)
An Application For Suspension Of ... vs In Re: Jahangir Hossain on 4 March, 2021
04.03.2021
suman
Ct. 30
CRA 21 of 2020
With
CRAN 2 of 2021
(Via Video Conference)
In the matter of: an application for suspension of sentence
under Section 389 of the Code of Criminal Procedure in
connection with Topsia Police Station Case No. 160 of 2011
dated 12.11.2011 under Section 20 (b) (ii) (B)/29 of the
Narcotic Drug and Psychotropic Substances Act, 1985 read
with Section 14 A (b) of the Foreigners Act.
And
In Re: Jahangir Hossain ... Appellant.
Mr. Angshuman Chakraborty
Mr. S. S. Saha ......For the appellant
Mr. Binay Panda
Ms. Puspita Saha ... for the State.
The appellant/petitioner was convicted and
sentenced to suffer imprisonment for a term of seven years
in connection with Sessions Trial No.05 (03) 2013 for
committing offence under Section 20 (b) (ii) (B)/29 of the
Narcotic Drug and Psychotropic Substances Act read with
Section 14 A (b) of the Foreigners Act. Along with rigorous
imprisonment for seven years he was also sentenced to pay
fine of Rs.50,000/- (Rupees Fifty Thousand only), in default,
to suffer simple imprisonment for one year for offence
punishable under Section 14 A (b) of the Foreigners Act.
Learned advocate for the petitioner has placed before me
a copy of the judgment in case No.M03 of 2009 dated 20 th
July, 2011 passed by the learned Additional Sessions Judge,
6th Court at Barasat wherefrom it is ascertained that the
appellant /petitioner was held not guilty under Section 14(b)
of the N.I. Act and he was acquitted from the said charge.
According to the learned advocate for the petitioner in view
of the judgment passed in M03 of 2009, the accused cannot
be further held guilty for the same offence under Section 14
A (b) of the Foreigners Act. With regard to the offence under
Section 20 (b) (ii) (B)/29 of the Narcotic Drug and
Psychotropic Substances Act he has suffered whole period of
sentence. The instant appeal is pending for hearing.
Therefore, during pendency of the appeal he should be
released on bail.
Learned P.P.-in-charge, on the other hand submits that if
the appeal is otherwise ready, it can be heard or the
petitioner may be asked to deposit the entire fine amount
and he may be released on depositing of such fine amount.
If such direction as proposed by the P.P.-in-Charge is
passed, the instant appeal will be infructuous.
Considering the fact that the appellant has already
suffered rigorous imprisonment for the whole period for
which he was sentenced, I am inclined to release him on
interim bail subject to filing of bond of Rs.10,000/- with two
sureties of like amount to the satisfaction of the learned
Sub-Judge N.D.P.S. Court at Alipore, South 24 Parganas for
a period of 90 (ninety) days from the date of this order with
further condition that if on bail he must meet the Officer-in-
Charge of the jurisdictional P.S. once in a fortnight. It
appears from the office report that the Lower Court record
has not been received as yet. The department is directed to
take necessary step for bringing Lower Court record within
three weeks from the date and on receipt of the Lower Court
record shall prepare paper book within two weeks thereafter.
Liberty to mention.
CRAN 2 of 2021 is, thus, disposed of.
(Bibek Chaudhuri, J.)
