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Synopsis

Noting that the accused served almost the entire sentence without having his appeal heard, Justice Jasmeet Singh of the Delhi High Court, suspended the sentence of a foreigner, James Pascal in the Narcotic Drugs and Psychotropic Substances (NDPS) case.

Justice Singh observed that if Pascal’s sentence is not suspended, it will be a perversion of justice and a violation of his rights.

The single-judge bench added that having to wait 9 years and 6 months for an appeal to be heard and being imprisoned cannot be the essence of our judicial system.

Court also noted that the present case is a classic case in which the filing of an appeal has been rendered nugatory due to procedural delays and a lack of support for foreigners seeking legal counsel.

The court was hearing an application filed by a foreign national, James Pascal for suspension of his sentence against the order dated June 8, 2020, issued by the Special Judge (NDPS Act) Patiala House Court, Delhi under Sections 21(c) and 29 of NDPS Act.

Court noted that Pascal was sentenced to 10 years of rigorous imprisonment and a fine of Rs. 1 lakh by the trial court, which has not been paid, and hence, simple imprisonment for another period of 6 months.

Court also noted that as per the Nominal Roll dated January 21, 2021, Pascal has been incarcerated for 7 years, 7 months, and 16 days, with an unexpired portion of the sentence of 2 years, 4 months, and 14 days and that another period of 1 year 8 months has elapsed, leaving an unexpired portion of 6 months, and because the fine is not paid, another period of 6 months of simple imprisonment has been imposed on him.

Counsel for Narcotics Control Bureau (NCB) claimed that Pascal provided an address that was later discovered to be false.

To this, Court stated that as the appellant is a foreigner, he cannot be expected to have an address, and especially when he has been in prison for 9 years and 6 months.

Accordingly, while allowing the application the single-judge bench suspended Pascal’s sentence on a personal bond with the surety form of an FD for a sum of Rs. 25,000 each.

Court also directed him to apply for a VISA within a week from the date of his release and also directed him not to leave the country. Pascal is also directed to submit his passport to the Jail Superintendent which can only be given to him for a VISA.

Case Title: James Pascal v. Narcotics Control Bureau