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Bacchan Singh v. State Of Punjab
Factual and Procedural Background
This opinion concerns an application for suspension of sentence filed by applicant/appellant No. 2, Gora alias Nahar Singh alias Dharam Pal, who was convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He was sentenced to rigorous imprisonment for ten years and fined Rs. 1,00,000, with an additional two years of rigorous imprisonment in default of payment. The applicant had already undergone incarceration for over two years and two months. The application seeks suspension of the remaining sentence during the pendency of the appeal.
Legal Issues Presented
- Whether the sentence of the applicant/appellant No. 2, convicted under Section 20 of the NDPS Act, can be suspended during the pendency of the appeal.
- Whether the quantity of contraband recovered qualifies as non-commercial quantity affecting the sentencing and suspension considerations.
Arguments of the Parties
Applicant's Arguments
- The applicant was found in possession of only a non-commercial quantity (1 kg) of charas.
- The applicant has already undergone incarceration for more than two years and two months, including the undertrial period.
- The applicant is not involved in any other case and thus argues for suspension of the remaining sentence.
State's Arguments
- The State fairly concedes that the quantity of charas recovered is non-commercial.
- The State submits an affidavit from the Superintendent of Central Jail, Amritsar, certifying the period of incarceration already undergone by the applicant.
- Based on the affidavit, the State acknowledges that the applicant has undergone two years and two months of sentence including the undertrial period.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court observed that the contraband recovered from the applicant was of non-commercial quantity. It noted that the applicant had already undergone incarceration for more than two years and two months, including the undertrial period. The Court recognized that there are fairly arguable points in the appeal. Considering the totality of the facts and circumstances, including the nature and quantity of the contraband and the period of incarceration already served, the Court found it appropriate to suspend the execution of the remaining substantive sentence during the pendency of the appeal. The Court conditioned the suspension on the applicant furnishing bonds with surety to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Amritsar.
Holding and Implications
The Court allowed the application for suspension of sentence of applicant/appellant No. 2 during the pendency of the appeal.
The applicant is ordered to furnish 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. The decision directly affects the applicant by suspending the execution of the remaining sentence but does not establish any new legal precedent.
Naresh Kumar Sanghi, J.(Oral)
Prayer in this application is for suspension of sentence of applicant/appellant No. 2, Gora alias Nahar Singh alias Dharam Pal, who was held guilty for having committed the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and ordered to undergo rigorous imprisonment for ten years besides the payment of fine of Rs. 1,00,000/- and in default to undergo further rigorous imprisonment for two years.
Learned counsel contends that even if the whole case of the prosecution is accepted at its face value then also noncommercial quantity of 1 kg of charas was recovered from the applicant/appellant; he has already suffered incarceration for two years and more than two months; and he is neither required nor involved in any other case.
Learned counsel for the State very fairly concedes that non-commercial quantity of 1 kg of charas was recovered from the applicant. He tendered a photocopy of the affidavit of the Superintendent, Central Jail, Amritsar, received through fax, which has been duly certified as true copy by Mr. Savinder Singh, Police Station, Division ‘A’, Amritsar, which is taken on record. On the strength of the said affidavit, learned counsel for the State submits that the applicant has undergone two years and two months including under trial period.
Concededly, the alleged contraband recovered from the applicant/appellant was of non-commercial quantity and the applicant has suffered incarceration for more than two years. There are fairly arguable points in the appeal.
In view of the totality of the facts and circumstances of the case, the present application is allowed and the execution of the remaining substantive sentence of applicant/appellant No. 2, Gora alias Nahar Singh alias Dharam Pal, son of Nazar Singh, R/o near Lattu Da Karkhana, Nawi Abadi, Faizpura, Ratan Singh Chowk, Amritsar, is ordered to be suspended during pendency of the present appeal subject to his furnishing 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.
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