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.