Kuldeep Singh vs State of Punjab

Naresh Kumar Sanghi, J.—Prayer in this application is for suspension of sentence of the applicant/appellant, Kuldeep Singh, who was held guilty for having committed the offence punishable u/s 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and ordered to undergo rigorous imprisonment for 10 years besides the payment of fine of Rs. 1,00,000/- and in default thereof to undergo further rigorous imprisonment for six months.

Learned counsel contends that sample of 10 grams of opium was drawn from the bulk whereas it should not be less than 24 grams; the consent memo was not got signed from the applicant; the ruqa was sent to the police station for registration of the case, it means the FIR number was not available with the Investigating Officer then how the FIR number appeared on the documents prepared on the spot.

I have heard the learned counsel for the applicant/appellant and gone through the material available on record.

According to the prosecution, 3.5 kg opium of commercial quantity was recovered from the applicant/appellant. He has been convicted and ordered to undergo minimum sentence for 10 years besides the payment of fine of Rs. 1,00,000/-. He has undergone incarceration for two years and four months only. The arguments raised by the learned counsel for the applicant/appellant are to be appreciated at the time of final hearing of the appeal.

No ground for suspension of sentence of the applicant/appellant is made out.

Dismissed.