Md. Shahzaman @ Chhote Khan vs The State Of Jharkhand
2021 Latest Caselaw 2571 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Cr. Appeal (DB) No. 330 of 2020

        Md. Shahzaman @ Chhote Khan                           ---   ---    Appellant
                                             Versus
        The State of Jharkhand                         ---          ---    Respondent
                                              ---

CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mrs. Justice Anubha Rawat Choudhary Through: Video Conferencing

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                For the Appellant        : Mrs. Vani Kumari, Advocate
                For the State            : Mr. Ravi Prakash, A.P.P.
                                             ---

06/27.07.2021          Heard learned counsel for the appellant Mrs. Vani Kumari and

Mr. Ravi Prakash, learned A.P.P. on the prayer for condonation of delay of 76 days in preferring the instant memo of appeal made through I.A. No.2045/2021.

Learned counsel for the appellant submits that the appellant being a poor person, could not prefer the appeal within time and therefore approached the Jharkhand High Court Legal Services Committee for legal aid. Thereafter, the papers were procured and the appeal has been filed which has occasioned some delay which is not deliberate. Appellant would suffer irreparably, if the delay is not condoned.

Learned A.P.P. does not oppose the prayer.

Having considered the explanations and the submissions of learned counsel for the parties, delay is condoned. I.A. No.2045/2021 stands disposed of.

Sole appellant stands convicted for the offence punishable under Section 20(b)(ii)(C) of the NDPS Act by the impugned judgment of conviction dated 26.09.2019 passed in N.D.P.S. Case No.02/2018 by the court of learned Special Judge (NDPS) -cum- Additional Sessions Judge-XIII, Jamshedpur and has been sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs.1,00,000/- and a default sentence vide impugned order of sentence dated 30.09.2019.

Admit.

Call for the lower court records in connection with N.D.P.S. Case No.02/2018 from the court of learned Special Judge (NDPS) -cum- Additional Sessions Judge-XIII, Jamshedpur.

Let the name of learned A.P.P. Mr. Ravi Prakash be reflected in the cause list henceforth in place of erstwhile A.P.P. Mr. Pankaj Kumar.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Shamim/