JUDGMENT :

Rakesh Kainthla, J.

Cr. MP No.4147 of 2023

The applicant/appellant has filed the present application for seeking suspension of the sentence imposed by the learned Trial Court. It has been asserted that the applicant was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 50,000/- and in default of payment of the fine to undergo rigorous imprisonment for six months for the commission of offence punishable under Section 20 of Narcotic Drugs and Psychotropic Substances (in short ‘NDPS Act’). There are good arguable points in the appeal and the appeal is likely to succeed. The learned Trial Court has committed various irregularities and illegalities and the findings recorded by the learned Trial Court are liable to be set aside. The appeal is likely to take some time for its disposal and in case, the sentence awarded by the learned Trial Court is not suspended, the very purpose of filing the appeal would be defeated. The applicant has already spent two months in judicial custody. He was enlarged on bail by the learned Trial Court. He did not misuse the liberty granted to him; hence, the present application.

2. The application is opposed by filing a