Asok Kumar Ganguly, J. - (1.) Peter James Gifran Von Kalkestein Bleach, a British national, appearing in person, petitioned before this High Court with the grievance that he is a victim of discrimination as the President of India, while acting in exercise of power, under Article 72, refused to remit the sentence imposed on him while granting the said prayer of five other Russians who were similarly convicted and sentenced with him. His specific case is that he, along with five other Russian Nationals, were convicted in Sessions Case No. 1 of 1997, under Sections 121A/121/122, IPC read with Sec. 25(1-A) and 25(1-B) of the Arms Act 1959 and 9B(2) of Explosives Act 1884 and Section 5 of Explosives Substances Act 1908 read with Section 5(2)(1)/10/11/11 of the Aircraft Act 1934.
(2.) The brief facts of that criminal case are that the accused persons were jointly charged for dropping huge quantities of arms and ammunitions from an Aircraft in the villages Khatugon. Belomu, Moramu, Varadhi, Baradhi within PS Jhalda on the night of 17th/ 18th December, 1995 and they were charged under various provisions of different acts noted above. The facts of the case show that in connection with dropping such huge quantities of arms, an Aircraft was used and Mr. Bleach was its pilot and the five Russians were crew members of the same.
(3.) Mr. Bleach submitted that at the end of a protracted and joint trial with the five Russians the learned Trial Judge, after considering in detail the evidence against him, and the five Russians, gave a common judgment and sentenced all of them equally.;