1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (ST) NO. 34 OF 2010 Whitcombe Geoffrey William ...Applicant Vs. Unionof India (AIU Customs, Mumbai) and Anr. ...Respondents ----- Mr.Taraq Sayyed for Applicant Mr.D.N. Salvi for Respondent No.1 Mrs. P.P. Bhosale -APP for State. ------ CORAM: V.M. KANADE J. DATED: 12TH APRIL, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned Counsel for the Respondent No.1. 2. There is a delay of 865 days in filing this appeal against the order of conviction passed by the Special Judge. 1 3. For the reasons stated in the application, the delay caused in filing the appeal is condoned. Application is allowed and disposed of. (V.M. KANADE J.) 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL (ST) NO. 30 OF 2010 Whitcombe Geoffrey William ...Appellant Vs. Union of India (AIU Customs, Mumbai) and Anr. ...Respondents ----- Mr.Taraq Sayyed for Appellant Mr.D.N. Salvi for Respondent No.1 Mrs. P.P. Bhosale -APP for State. ------ CORAM: V.M. KANADE J. DATED: 12TH APRIL, 2010 P.C. 1. Heard 2. Admit. 3. The learned Counsel for the Appellant submits that the Appellant has been convicted for the offence punishable under section 8(c) r/w. section 20 of the NDPS Act and sentenced to suffer R.I. for 10 years and directed to pay a fine of Rs.2,00,000/- and, in default, to suffer further R.I. for three months on each count. He is also convicted for the offence punishable under section 23 (c) r/w. 8(c) of the NDPC 1 Act and sentenced to suffer R.I. for 10 years and to pay fine of Rs.2,00,000/- and, in default, to suffer R.I. for three months. 4. The learned Counsel for the Appellant submitted that the Appellant pleaded guilty to the charges leveled against him and does not propose to challenge the order of conviction. He submitted that however, the Appellant is challenging the sentence in default of non-payment of fine of Rs.1,00,000/- on each count imposed by the Special Judge. He submitted that the Appellant is a poor person and he is unable to pay the amount of fine which is imposed by the Special Judge. He further submitted that the Appellant is a British National and there is a agreement between the Indian Government and the British Government for transferring the prisoners who were convicted in the respective countries. 5. Since this is a only issue involved in the present appeal, the hearing of the appeal is expedited. Place the appeal on the final hearing Board in the week commencing from 3rd May, 2010. (V.M. KANADE J.)