Raj Kumar vs State of Punjab

Naresh Kumar Sanghi, J.—Prayer in this application is for suspension of sentence of the applicant-appellant, Raj Kumar, son of Ram Parkash, resident of Village Gorakhpur, District Shaheed Bhagat Singh Nagar, who was held guilty for having committed the offence punishable u/s 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, ''the NDPS Act''), and ordered to undergo rigorous imprisonment for ten years besides payment of fine of Rs. 1,00,000/- and in default thereof to undergo further rigorous imprisonment for two years.

Learned counsel contends that out of the substantive sentence of ten years, the applicant-appellant has already suffered incarceration for more than four years, including two years and more than three months after his conviction and, as such, his case is covered by the ratio of the Division Bench judgment of this Court in the matter of Daler Singh Vs. State of Punjab, .

Learned counsel for the State has produced the affidavit of the Superintendent, District Jail, Sangrur, showing the period of incarceration suffered by the applicant-appellant, which is taken on record.

Heard.

Perusal of the above affidavit reveals that the applicant-appellant has suffered total incarceration for four years and three months as on date including two years, three months and sixteen days after conviction and, as such, the case of the applicant-appellant is squarely covered by the ratio of the Division Bench judgment of this Court in the matter of Daler Singh (supra). Learned counsel for the State has not controverted the said fact.

In view of above, the present application is allowed. The execution of the remaining substantive sentence of the applicant-appellant, Raj Kumar, son of Ram Parkash, resident of Village Gorakhpur, District Shaheed Bhagat Singh Nagar, is ordered to be suspended during pendency of the appeal, subject to his furnishing bail bond to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Shaheed Bhagat Singh Nagar.