2024 (4) TMI 1308

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....l for the appellant/applicant submits that the appellant has been convicted under Section 21 read with Section 31 NDPS Act and has been awarded sentence of 15 years rigorous imprisonment with fine of Rs. 1,50,000/- and in default to further undergo sentence of 06 months simple imprisonment. The appellant has also been convicted under Section 23 read with Section 31 NDPS Act and has been awarded 15 years of rigorous imprisonment with fine of Rs. 1,50,000/- and in default to further undergo sentence of 06 months simple imprisonment. 3. According to her, both the sentences awarded to the appellant have been directed to run concurrently. 4. She invites the attention of the Court to the nominal roll dated 6-4-2024 to contend that out of to....

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....asis that once a person has been found guilty and sentenced to life imprisonment, he should not be let loose, so long as his conviction and sentence are not set aside, but the underlying postulate of this practice was that the appeal of such person would be disposed of within a measurable distance of time, so that if he is ultimately found to be innocent, he would not have to remain in jail for an unduly long period. The rationale of this practice can have no application where the Court is not in a position to dispose of the appeal for five or six years. It would indeed be a travesty of justice to keep a person in jail for a period of five or six years for an offence which is ultimately found not to have been committed by him. Can the Court....