The court established that possession of drugs below commercial quantity, along with other mitigating factors, can justify the suspension of sentences.

JUDGMENT

Devendra Kachhawaha, J. - Heard learned counsel for the appellant-applicants as well as learned Public Prosecutor, on application for suspension of sentences.

2. By the instant application preferred under Section 389 Cr.P.C., applicant-appellants have craved for suspending the sentences handed down by learned Special Judge, NDPS Case Churu (for short, 'learned trial Court'), by its verdict dated 18.09.2021 in Sessions Case No.01/2009. Learned trial Court, by the aforesaid verdict, convicted the applicant-appellants for offences under Section 8/18 of the NDPS Act.

3. Arguing on the application for suspension of sentences, it is submitted by learned counsel that the accused appellants have convicted for the offence under Section 8/18 of the NDPS Act. The accused appellant Mangal Chand is 84 years of age. Learned counsel further submits that the accused appellant No.1 remained in custody for 02 months and 18 days and accused appellant Ramchandra remained in custody for 03 months and 16 days. Learned counsel further stated that as per the judgment itself, there were no criminal antecedents of the accused appellants and only 500-500 grms of opium has been recovered from the accused appellants, which is also below commercial quantity and the hearing of appeal will take time. Learned counsel for the appellants further submits that the accused appellants are behind the bar from the date of the judgment i.e. 18.09.2021. Learned counsel for the accused appellants, therefore prays that sentence of the accused appellants may be therefore suspended and it would not be appropriate to keep applicant-appellants under further incarceration.

4. Per contra learned Public Prosecutor has fervently and vehemently opposed the application for suspension of sentences and stated that offence was proved by the prosecution evidence and, therefore, the accused appellants were convicted.

5. Having regard the facts and circumstances of the case and also considering the fact that the recovered quantity is below commercial quantity and the hearing of appeal may take time, I feel inclined to accept this application for suspension of sentence.

6. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by learned Special Judge, NDPS Cases, Churu, vide judgment dated 18.09.2021, in Sessions Case No.01/2009 against appellant-applicants (1) Mangal Chand S/o Late Devji and (2) Ramchandra S/o Late Maga Ramji, shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, provided they execute personal bond in the sum of Rs.2,00,000/- each with two sound and solvent sureties of Rs.1,00,000/-each to the satisfaction of the learned trial Judge for their appearance in this Court on 08.11.2021 and whenever ordered to do so till disposal of the appeal, on the conditions indicated below:-

1. That they will appear before the trial Court in the month of January every year till the appeal is decided.

2. That if the applicants change the place of residence, they will give in writing their changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

7. The learned trial Court shall keep the record of attendance of accused-applicants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicants were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purposes relating to pendency and disposal of cases in the trial court. In case the said accused applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.