The court may suspend a sentence if the applicant-appellant has not misused the concession of bail during trial and has produced strong defense evidence.

Kuldip Singh, J.

CRM No. 38025 of 2014

This is first application filed by the applicant-appellant Kewal Kumar for suspension of his sentence. Applicant-appellant has been convicted under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (in short 'the Act') and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/-, in default thereof, to further undergo rigorous imprisonment for one year, vide judgment and order dated 21.8.2014, passed by the learned Judge, Special Court, Amritsar.

2. It was alleged against the applicant-appellant by the prosecution that he was found in possession of three envelopes, first containing 100 loose capsules of Parvon Spas, second containing 400 loose capsules of Parmodex and third containing 10 packets containing 100 tablets each of Microlit. The applicant-appellant was on bail during trial.

3. A perusal of the judgment of the trial Court shows that during the trial, applicant-appellant led the defence evidence in the form of statements of Vishal Dhawan (DW2) as well as Ravinder Singh, Clerk, Civil Surgeon Office, Amritsar (DW3), who proved that the applicant-appellant was running a medical store in the name of Thakur Medical Store at Guru Ki Wadali, Chheharata, Amritsar. The statements of the said witnesses show that they proved the drug licence of Vishal Dhawan (DW2) was valid upto 31.12.2012 and another drug licence of the applicant-appellant was valid upto 10.12.2012. Vishal Dhawan (DW2) also stated that he is running the business as a wholesaler of sale-purchase of medicines at Katra Sher Singh, Amritsar. He proved the invoice, bill No. 5430 dated 11.12.2009, (Ex.DW2/B) and copies of record (Ex.DW2/C to Ex.DW2/E), showing that the said medicines were purchased from him by the applicant-appellant on the date of issuance of the bill. The present recovery was effected on 12.12.2009 when, as per the prosecution case, applicant-appellant was going from Chheharata Chowk to Wadali Kalan.

4. The learned State counsel has stated that the said place is at a distance of 2 kilometers from the medical shop of the applicant-appellant. As per the custody certificate filed in Court today, the applicant-appellant has already undergone more than six months and fourteen days of actual sentence.

5. The copies of the drug licences and the bill of purchase have been annexed with the application. It being so, prima-facie, it comes out that the applicant-appellant had purchased the medicines. He was holding valid drug licences for the said medicines. The other facts and circumstances are to be examined at the stage of final arguments. Therefore, keeping in view the peculiar facts and circumstances of the case, as discussed above, I am of the view that the applicant-appellant has not misused the concession of bail during trial from year 2011 to 2014 and he has produced a strong defence evidence. Therefore, the sentence of imprisonment, passed on the applicant-appellant is suspended during the pendency of the present appeal and he is ordered to be released on bail on his furnishing personal bonds in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Amritsar.

6. Thus, the application is accordingly disposed of.