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Judgment
K.C. Puri, J.
CRM No. 398 of 2014
The application stands allowed. Delay of 335 days in filing the appeal stands condoned.
Main case
Jagir Singh alias Bhalla appellant, one Gurmukh Singh and Jitender Pal were convicted u/s 21 of NDPS Act and read with Section 120-B IPC and sentenced to undergo rigorous imprisonment for a period of four years and to pay fine of Rs. 2000/- and in default of payment of fine to further undergo simple imprisonment for two months each.
Jitender Pal was also convicted under Sections 7 and 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988.
The present appeal has been preferred by Jagir Singh alias Bhalla alone. The case was fixed for hearing application for suspension of sentence as well as main case.
Learned counsel for the appellant has not challenged the judgment of conviction and has submitted that only 25 gms of smack was allegedly recovered from the appellant without any licence or permit. He has contended that the appellant has undergone incarceration for a period of 1 year, 8 months and 7 days as on 6.3.2014. He has further contended that the appellant has not been convicted in any other NDPS case nor any such case is pending against him.
Learned State counsel has opposed the prayer.
I have heard learned counsel for both the parties and have gone through record of the case.
As per conviction slip, the appellant has undergone incarceration for a period of 1 year, 8 months and 7 days as on 6.3.2014. No other case under NDPS Act is pending against the appellant. The recovery is of non-commercial nature i.e. 25 gms of smack. So, considering all the circumstances, conviction of the appellant u/s 21 of NDPS Act stands affirmed. However, his sentence stands reduced to the period already undergone. The sentence of fine stands affirmed.
The appellant be released forthwith if not required in any other case.
CRM No. 399 of 2014 for staying recovery of fine and CRM No. 400 of 2014 for suspension of sentence stand dismissed as having become infructuous.
A copy of this judgment be sent to the concerned quarter for compliance.