Legal Question in Criminal Law in India

Drugs and Cosemtics Act

I am a new comer to the profession. A client of mine from TamilNadu lost his appeal in the seesions court in Andhra Pradesh against a lower court judgment in a complaint under the Drugs and Cosemtics Act. As he was remanded immediately without suspension of sentence. he had take bail in HC and onlythen come out. Now he would like to know in case he loses in the HC, whether he will be again remanded or will be allowed suspension of sentence to appeal in the SC. Should it be lawyer's intiative to avoid remand or judge's discretion or mandatory in law. Since the client was not remanded when he lost in the lower court (Magistrate), he is raising this question. Please advice.


Asked on 12/21/06, 10:23 pm

2 Answers from Attorneys

Suyash Pant SUYASH

Re: Drugs and Cosemtics Act

Genreally when u lost in appeal the court directs the appellant to surrender in the court below wihtin a specific time limit.

The Supreme court will entertain the appeal only after u complied with the order of the H.C. Thus genreally appeals after conviction are entertained only after u are in custody and then the bail may be granted by the S.C at the time of the admission of the Appeal.

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Answered on 12/21/06, 10:41 pm

Re: Drugs and Cosemtics Act

Dear sir,

well come to the profession.In normal course and also in practice when the trial court make conviction then you have to make application before trial court seeking bail for filing appeal in higher court and then in appeal you again have to move application for bail and suspension of sentence by way of stay of immugned order till the pendency of appeal.In case if you loose in HC then you have to move application seeking time to surrender before court and after surrender you can move to SC and there you have to move application for bail and suspension of sentence by way of stay of immugned order till the pendency of the appeal/SLP before supreme court.It is the duty of lawyer to act promptly to get suspended the sentence and seek bail but it is the discretion of judge to grant the relief or not.

for any other query you may call on 9873343288

thanks.

siddharth

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Answered on 12/22/06, 1:39 am


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