Ram Kishan vs State of Punjab

Learned State counsel has filed reply by way of affidavit of Shri P. S. Sharma, PPS, Superintendent, Central Jail, Patiala mentioning the period

of imprisonment undergone by the applicant/appellant-Ram Kishan. The same is taken on record. Heard Learned Counsel for the parties.

The criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment of the applicant/appellant-Ram Kishan

during the pendency of the appeal.

The applicant/appellant-Ram Kishan was apprehended while coming in a TATA 407 vehicle bearing registration No. HR-39-1383. A search of

the vehicle was conducted in presence of DSP Charanjit Singh who was called at the spot. On search, 5 gunny bags containing poppy husk were

recovered. Each of the gunny bags contained 30 kgs of poppy husk. The applicant/appellant has been convicted by the learned Judge, Special

Court, Patiala for the offence u/s 15 of the NDPS Act. He has been sentenced to undergo imprisonment for a period of 13 years; besides, pay a

fine of Rs. 1,00,000/- and in default thereof to undergo further rigorous imprisonment for one year.

Learned Counsel for the applicant/appellant has submitted that since the alleged recovery is of 5 bags and in case the appeal is not to be

accepted, in any case, the question whether in view of the less quantity of contraband recovered, the sentence of imprisonment being reduced to

the minimum sentence of ten years is liable to be considered and in that case, the case of the applicant/appellant would be covered by the

guidelines laid down in the case of Daler Singh versus State of Punjab, 2007(1) RCR (Criminal) 316 (DB) (P & H).

In response, Learned Counsel for the State has submitted that the applicant/appellant has been found in possession of 150 kgs of poppy husk

which were being carried in 5 bags recovered from the applicant/appellant. Therefore, his sentence of imprisonment is not liable to be suspended.

We have given our thoughtful consideration to the matter.

In terms of the affidavit of Shri P. S. Sharma, PPS, Superintendent, Central Jail, Patiala, the applicant/appellant has undergone imprisonment of

four years, seven months and eighteen days as on 12.09.2012. This includes imprisonment of more than two years post conviction. There is no

other case pending against him. The recovery is of 5 bags of poppy husk each weighing 30 kgs. Therefore, indeed the question regarding reduction

in the sentence of imprisonment in any case is to be considered at the time of final hearing of the appeal. In Daler Singh''s case (supra) it has been

held that a convict sentenced for ten years for having in his conscious possession commercial quantity of the contraband, shall be entitled to bail if

he has already undergone a total sentence of four years, which must include atleast fifteen months after conviction. The appeal is not likely to

mature for hearing in the near future. Therefore, in the facts and circumstances, it would be just and expedient to suspend the sentence of

imprisonment of the applicant/appellant-Ram Kishan during the pendency of the appeal. Accordingly, the criminal miscellaneous application is

allowed and the sentence of imprisonment of the applicant/appellant-Ram Kishan during the pendency of the appeal shall remain suspended

subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Patiala.