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M. S. RAMACHANDRA RAO, SUKHVINDER KAUR
Talim Khan – Appellant
Versus
Intelligence Officer – Respondent
JUDGMENT
M.S. Ramachandra Rao, J. - This application is filed under section 389 (2) of Cr.P.C. by the applicant seeking suspension of sentence imposed on him by the Judge, Special Court, Ludhiana in NDPS case CIS No. NDPS-224 vide decision dt.09.10.2019 convicting him under section 15(c) of the NDPS Act, 1985 (for short 'the Act') for a period of 12 years and also to pay fine of Rs.1 lakh.
2. The applicant had challenged the said judgment in CRA-D-932-2019 in this Court. This Court had admitted the Appeal on 04.11.2019 and had stayed the recovery of fine during the pendency of the Appeal.
3. Notice in the application for suspension of sentence was issued on 26.04.2022.
4. Custody certificate dt.05.01.2023 was filed by Sh. Sandeep Vermani, Addl. A.G., Punjab which indicate that the applicant had undergone total period of custody of 5 years, 3 months and 23days by that date including custody of 2 years and 24 days post conviction. By now, his period of custody would be 5 years and 6 months and post conviction custody would be 2 years and 3 months.
5. Counsel for the applicant contended that the applicant had been wrongly convicted by the Special Court under section 15(c) of the Act; that
The main legal point established in the judgment is the consideration of the delay in the disposal of the appeal as a ground for the grant of relief of suspension of sentence, along with the relaxati....
Suspension of sentence should be considered liberally unless there is any statutory restriction, and the appellate Court has the discretion to suspend a sentence awarded under the NDPS Act, emphasizi....
Sentence can be suspended and bail granted to accused where hearing of appeal is likely to take further more time.
The stringent provisions of Section 37 of the NDPS Act must be applied in cases where the convict/accused is unable to bring his case within the parameters of Article 21 of the Constitution of India.....
Suspension of sentence and grant of bail – A person who had undergone five years of pre-convict custody is entitled to be released on bail, on touchstone of Article 21 of Constitution of India.
The court established that non-compliance with procedural requirements under the NDPS Act can render evidence inadmissible, and prolonged incarceration can be a valid ground for suspending a sentence....
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