JUDGMENT

Hima Kohli, J. This application is filed by the appellant under Section 389 of the Cr.P.C. praying inter alia for suspension of sentence during the pendency of the accompanying appeal. By the impugned judgment dated 17.03.2010, the appellant was found guilty and convicted of the offence under Section 27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `the Act') by the learned Special Judge, NDPS. As per the order on sentence dated 20.03.2010, the appellant was awarded a sentence of rigorous imprisonment for a period of ten years and a fine of Rs.1,00,000/-. In default of payment of fine, it was directed that the appellant would undergo simple imprisonment for a period of one year.

2. The brief facts of the case are that on 24.08.2001, based on secret information received by the Special Cell, Lodhi Colony, a raiding party was formed and at 10.20 pm at night, two persons were apprehended from near the Ambassador Hotel. One Naquibullah, was apprehended by the police, while supplying 1 gm of cocaine to one Neeraj Wadhera. In the disclosure statement of Naquibullah as recorded on 30.8.2001, he disclosed that he used to receive finan