Shri Ram vs State of Punjab

Naresh Kumar Sanghi, J.—Prayer in this application is for suspension of sentence of the applicant/appellant, Shri Ram, who was held guilty for having committed the offence punishable u/s 20 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 one year.

Learned counsel contends that according to the prosecution, 1 Kg 30 grams of charas was allegedly recovered from the applicant/appellant. The non-commercial quantity of charas is up to 1 Kg. Only marginal quantity exceeding non-commercial quantity was allegedly recovered. He further contends that the container containing the alleged charas was not weighed properly. There are fairly arguable points in the appeal. The applicant/appellant has suffered incarceration of more than three years. He further contends that the applicant/appellant is neither required nor involved in any other case.

Learned counsel for the State has produced the affidavit of the Superintendent, Central Jail, Ludhiana, showing the period of incarceration suffered by the applicant/appellant, Shri Ram, which is taken on record.

Perusal of the above-said affidavit reveals that the applicant/appellant has suffered incarceration 03 years, 01 month and 13 days as on date. There are fairly arguable points in the appeal. Only marginal quantity i.e. 30 grams of charas exceeding non-commercial quantity was allegedly recovered from him.

In view of the totality of the facts and circumstances of the case, the present application is allowed and execution of the remaining substantive sentence of the applicant/appellant Shri Ram, s/o Balan Shah, r/o Aurangabad, Police Station, Gobnihar, District Gaya, Bihar, at present, r/o H. No. 9796, Gali No. 1, Tajpur Road, Ludhiana, is ordered to be suspended during the pendency of the appeal subject to his furnishing bonds in the sum of Rs. 2,00,000/- with two sureties in the like amount to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Ludhiana. The heavy surety has been ordered in view of the magnitude of the offence and the fact that the applicant/appellant belongs to the different state than Punjab where he was allegedly caught with the contraband.