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2000 Supreme(P&H) 1552

BAKHSHISH KAUR
Piara Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

Bakhshish Kaur, J.

1. Piara Singh-appellant was convicted and sentenced to undergo Rigorous Imprisonment for 10 years and to pay fine of Rs. one lakh and in default of payment of fine to further undergo Rigorous Imprisonment of two years under the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act) as per judgment dated November 26, 1999 passed by the learned Additional Sessions Judge, Ludhiana.

2. Aggrieved by that, he had filed Criminal Appeal and also prayed for suspension of sentence during the pendency of the Criminal Appeal.

3. I have heard Shri S.S. Joshi, learned counsel for the petitioner and Mr. P.S. Sullar, Assistant Advocate-General, Punjab.

4. Earlier in the case of Maktool Singh v. State of Punjab, 1999(2) RCR (Crl.) 130 (SC) : JT 1999(2) SC 176, it was held by the Honble Supreme Court that Section 32-A of the Act was a complete bar for the Appellate Court to suspend a sentence passed on persons convicted of offences under the Act (except under Section 27) either during the pendency of any appeal or otherwise. It was held that it had an overriding effect with regard to the powers of suspension, commutation and remission provided under the C





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