JUDGMENT :

Dhananjaya Y Chandrachud, J

1. Leave granted.

2. This appeal arises from a judgment of a learned Single Judge of the High Court of Delhi dated 28 July 2020, by which the application filed by the respondent seeking suspension of sentence under Section 389(1) of the Code of Criminal Procedure 1973¹[“CrPC”] has been allowed.

3. The respondent has been convicted of offences punishable under Sections 23(c) and 25A of the Narcotic Drugs and Psychotropic Substances Act 1985²[“NDPS Act”]. He has been sentenced to suffer rigorous imprisonment for ten years in respect of the offence under Section 23(c) and for three years under the provisions of Section 25A, apart from fine.

4. Briefly stated, on 2 December 2015, the IO of the Narcotics Control Bureau, Delhi Zonal Unit received a phone call from DHL Courier that two parcels were lying in the office and were suspected to contain narcotic drugs. Accordingly, a team of the Narcotics Control Bureau, Delhi Zonal Unit, reached the office of DHL. Two parcels were seized. The parcels were found to contain 325 grams of heroin and 390 grams of pseudoephedrine. The parcels were booked to a foreign destination, at the behest of a foreign nati