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(2020) Law Today Live Doc. Id. 15410 = 2020 L.A.R. (e-Suppl.) 1115
in CRA-S-619-SB of 2020
Decided on: 25.09.2020
Present:
Mr. J.K. Singla, Advocate, for applicant-appellant No.1.
Mr. Ramdeep Pratap Singh, D.A.G., Punjab.
Code of Criminal Procedure, 1973 (2 of 1974), Section 389 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 – Commercial quantity -- Conviction for R.I. for 10 years along with fine of Rs.1 lac – Suspension of sentence during the pendency of appeal – 66 kgs poppy husk allegedly recovered from the cabin of the truck – Appeal admitted along with stay of recovery of fine on 20.02.2020 – Applicant/appellant no. 1 already undergone 02 years, 03 months and 03 days of actual sentence as on 19.08.2020 -- He is not involved in any other NDPS case, though he is involved in the offence under IPC -- Appeal is of the year 2020, it may take some time in its final culmination -- Application allowed -- Remaining sentence of the applicant-appellant No.1 ordered to be suspended, during the pendency of the appeal.
(Para 3-9)
Cases referred:
1. Shinda vs State of Punjab, 2013(3) RCR (Criminal) 557.
2. Lakhwinder Singh @ Bittu vs State of Punjab, 2012(22) RCR (Criminal) 301.
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1. The case has been taken up for hearing through video-conferencing.
2. Prayer in this application under Section 389 Cr.P.C.is for suspension of sentence of applicant-appellant No.1 namely Pal Singh @ Jaspal Singh, during the pendency of the appeal.
3. Applicant-appellant No.1 has been convicted and sentenced to undergo rigorous imprisonment for 10 years along with fine of Rs.1 lac under Section 15 of NDPS Act along with default clause.
4. 03 bags containing 22 kgs poppy husk each have been allegedly recovered i.e. total 66 kgs from the cabin of the truck on 22.11.2017.
5. Appeal stands admitted along with stay of recovery of fine vide order dated 20.02.2020.
6. Learned counsel for the applicant-appellant No.1 submits that the recovery is marginally in excess of commercial quantity. He places reliance upon Shinda vs State of Punjab, 2013(3) RCR (Criminal) 557 and Lakhwinder Singh @ Bittu vs State of Punjab, 2012(22) RCR (Criminal) 301.
7. As per custody certificate submitted by learned State counsel, applicant-appellant No.1 has undergone 02 years, 03 months and 03 days of actual sentence as on 19.08.2020. He is not involved in any other NDPS case, though he is involved in the offence under IPC.
8. Appeal is of the year 2020. It may take some time in its final culmination.
9. In view of above and without commenting upon the merits of the case, application is allowed. Remaining sentence of the applicant-appellant No.1 is ordered to be suspended, during the pendency of the present appeal, subject to his furnishing adequate bail bonds/surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate concerned.
Application allowed.
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