ORDER :

1. Leave granted.

2. The appellant has been denied a suspension of sentence under Section 389 of the Code of Criminal Procedure 1973¹ [“Cr.P.C.”] by a Single Judge of the High Court of Delhi by the impugned order dated 18 May 2021.

3. FIR 52 of 2013 was lodged against the appellant for offences punishable under Sections 21, 29, 61 and 85 of Narcotic Drugs and Psychotropic Substances Act 1985² [“NDPS Act”] at Police Station Special Cell on 18/19 November 2013. Besides the appellant, two other co-accused were named. The appellant and another co-accused were charged with joint possession of 1 kg of heroin, recovered from a hotel room in Udaipur. The appellant and another co-accused were also charged for conspiracy under Section 29 of the NDPS Act.

4. The appellant and the co-accused were acquitted by the Special Judge, NDPS, Patiala House Courts, New Delhi of the charge of joint possession punishable under Section 21(c) of the NDPS Act. However, the appellant was convicted under Section 29 of the NDPS Act and was sentenced to RI for ten years and a fine of Rs. 1,00,000 with a default sentence.

5. The appellant has filed an appeal through the Legal Aid Cell before the High Court and