JUDGMENT

Anoop Chitkara, J. - The applicant-appellant, a resident of West Bengal, convicted for possessing 220 grams of heroin (Diacetylmorphine), which is an intermediate quantity, and sentenced to imprisonment for ten years and a fine of Rs. One Lac has come up before this Court under section 389 of Code of Criminal Procedure, 1973 (CrPC) seeking suspension of sentence.

2. The facts relevant in deciding the present application is that on 07.11.2017, the police party received secret information that three persons, who were present in a room, are involved in drug trafficking, and at that point of time if a raid is conducted, they could be apprehended. After completing the procedural requirements, the police raided the said place and found two persons, including the applicant-Mahidul Sheikh. The room was searched in the presence of the owner of the premises, and one bag was found. The search of the bag led to the recovery of 220 grams of heroin. Apart from that, the police also allegedly recovered Rs.14,39,780/-. Subsequently, the police registered the FIR captioned above and arrested the accused. During the trial, learned Special Judge allowed the prosecution and convicted the applic