SC denies drug peddler right to appeal
The Supreme Court on Sunday quashed an appeal filed by drug peddler Dil Bahadur Gurung.
A division bench of Justices Bal Ram KC and Pawan Kumar Ojha said Gurung cannot appeal as he did not surrender in the Kathmandu District Court, which had convicted him on a drug peddling case. The bench said that a person cannot appeal without surrendering in the court that convicted him/her.
“Since Gurung did not surrender before the bench, he cannot seek an appeal right through a habeas corpus petition,” the bench ruled.
Supreme Court Justice Paramananda Jha was last year demoted for releasing the drug peddler on bail two years ago. Convicting Gurung, the Kathmandu District Court had slapped an eight-year jail sentence on him.
The Narcotic Drug Control Law Enforcement Unit had arrested Gurung from Shiphal after he failed to surrender on August 7.
The Judicial Council headed by Chief Justice Dilip Kumar Paudel had demoted Jha for “improperly” acquitting Gurung on September 17 last year.
Police first arrested Gurung when he was trying to smuggle 679 kg of marijuana to Holland around three years ago.
The Supreme Court on Sunday quashed an appeal filed by drug peddler Dil Bahadur Gurung.
A division bench of Justices Bal Ram KC and Pawan Kumar Ojha said Gurung cannot appeal as he did not surrender in the Kathmandu District Court, which had convicted him on a drug peddling case. The bench said that a person cannot appeal without surrendering in the court that convicted him/her.
“Since Gurung did not surrender before the bench, he cannot seek an appeal right through a habeas corpus petition,” the bench ruled.
Supreme Court Justice Paramananda Jha was last year demoted for releasing the drug peddler on bail two years ago. Convicting Gurung, the Kathmandu District Court had slapped an eight-year jail sentence on him.
The Narcotic Drug Control Law Enforcement Unit had arrested Gurung from Shiphal after he failed to surrender on August 7.
The Judicial Council headed by Chief Justice Dilip Kumar Paudel had demoted Jha for “improperly” acquitting Gurung on September 17 last year.
Police first arrested Gurung when he was trying to smuggle 679 kg of marijuana to Holland around three years ago.
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