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PUNJAB & HARYANA HIGH COURT
Sat Pal, J.
Karnail Singh
Versus
State Of Haryana
Criminal Misc. No. 15207 of 1995,
Decided On : NOVEMBER 9, 1995
Suspension of Sentence - Narcotic Drugs & Psychotropic Substances Act, 1985 - The court held that the prayer for suspension of sentence in an appeal under the Narcotic Drugs & Psychotropic Substances Act, 1985 is maintainable. The petitioner's sentence and fine were suspended during the pendency of the appeal due to the nature of the alleged offense and the quantity of the substance involved.
Fact of the Case:
The petitioner filed an application for suspension of sentence and fine during the pendency of the appeal under section 389(2) Cr.P.C. The Division Bench had to decide whether the prayer for suspension of sentence in an appeal under the Narcotic Drugs & Psychotropic Substances Act, 1985 is maintainable.
Finding of the Court:
The court found that the prayer for suspension of sentence in an appeal under the Narcotic Drugs & Psychotropic Substances Act, 1985 is maintainable. Considering the nature of the offense and the quantity of the substance involved, the court suspended the petitioner's sentence and fine during the pendency of the appeal and granted bail.
Issues: The main issue was whether the prayer for suspension of sentence in an appeal under the Narcotic Drugs & Psychotropic Substances Act, 1985 is maintainable.
Ratio Decidendi: The court held that the prayer for suspension of sentence in an appeal under the Narcotic Drugs & Psychotropic Substances Act, 1985 is maintainable, especially in cases where the nature of the offense and the quantity of the substance involved warrant such suspension.
Final Decision: The court suspended the petitioner's sentence and fine during the pendency of the appeal and granted bail.
Sat Pal, J.
1. This application has been filed under section 389(2) Cr.P.C. for suspension of sentence and fine during the pendency of the appeal. This application was being adjourned from time to time awaiting decision of the DB on the point as to whether prayer for suspension of sentence in an appeal under the Narcotic Drugs & Psychotropic Substances Act, 1985 is maintainable ? The Division Bench of this Court vide judgment dated 12th September, 1995 in Criminal Misc. No. 12027-M of 1995 in Criminal Appeal No. 143-SB of 1995 has now held that the such prayer is maintainable.
2. Mr. A.C. Jain, the learned counsel for the petitioner submits that the petitioner has been is custody for a period of more than seven months. He further submits that the alleged recovery from the petitioner is only 3-1/2 kilograms of poppy husk and provisions of section 30 of the Act were violated in this case inasmuch as the option to be searched before a Magistrate was not given to the petitioner. Keeping in view the submissions made by the learned counsel for the petitioner and particularly the fact that only 3-1/2 kgs of poppy husk has been recovered from the appellant, I am of the view that it is a fit case for suspension of sentence and fine. Accordingly, I direct that sentence awarded to the petitioner as well as the fine imposed upon him by the learned trial court shall remain suspended during the pendency of the appeal and the appellant/petitioner shall be released on bail on furnishing bail bonds in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the Chief Judicial Magistrate, Ambala.
3. With this order, the application stands disposed of.
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