He was released on bail after remaining behind bars for about 33 days and was taken into custody on September 20, when he was convicted. He broke down in the courtroom soon after the pronouncement of sentence, but would remain in custody as, under the NDPS Act, there is no provision of suspension of sentence while granting one month's time to file an appeal. The court even turned down his request for release on probation.
Napper had arrived in India in May 2011 on a three-month tourist visa, and had just returned from Manali when he was arrested by the crime branch at a police naka. He had tried to flee after abandoning his motorcycle, and three small chillams (smoking pipes) were also recovered from him along with charas and tablets.
Police said Napper, who had come to India with a woman friend, had brought the charas from Kasol, near Manikaran in Himachal Pradesh, and had also visited Rishikesh and Ladakh.
His argument that he had been falsely implicated following a scuffle with a cop failed to save him.