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2005 DIGILAW 209 (PNJ)

Jodh Raj v. State Of Punjab

2005-02-07

BALDEV SINGH

body2005
Judgment Baldev Singh, J. 1. Appeal admitted. I have heard Ld. counsel for the applicant-appellants and Deputy Advocate General, Punjab on suspension of sentence of imprisonment during the pendency of the appeal. 2. The applicant-applicants Jodh Raj and Raj Kumar have been sentenced to undergo RI for 10 years and to pay fine of Rs. 1 lac and in default of payment of fine to undergo further RI for 2 years under Section 15 of the NDPS Act. 3. Referring to the impugned judgment, it has been argued by the Ld. counsel for the appellants that there was violation of Sections 42 and 50 of the Act. Independent witness was not examined. Link evidence is also missing and conscious possession of the appellants is not proved. Both the appellants have undergone incarceration for 2 years and 3 months. Recovery of fine has already been stayed. 4. It will take a long time to decide the appeal. So the sentence of imprisonment of the applicant-appellants Jodh Raj and Raj Kumar is suspended during the pendency of the appeal, subject to their furnishing bail bounds/surety bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Kapurthala.