Research › Search › Judgment

Punjab High Court · body

2014 DIGILAW 550 (PNJ)

Sukhwinder Singh v. State of Punjab

2014-03-18

NARESH KUMAR SANGHI

body2014
JUDGMENT Mr. Naresh Kumar Sanghi, J.:- Prayer in this application is for suspension of sentence of applicant-appellant Sukhwinder Singh who was held guilty for having committed the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and ordered to undergo rigorous imprisonment for one year besides the payment of fine of Rs. 5,000/- and in default thereof to undergo further rigorous imprisonment for three months. 2. Learned counsel contends that the applicant-appellant has suffered incarceration for four months. He further contends that the applicant-appellant is neither required nor involved in any other case arising out of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Learned counsel for the State submits that she has not received the custody certificate, therefore, she is unable to controvert the submission of learned counsel for the applicant appellant with regard to the period of incarceration suffered by him. However, she admits that a non-commercial quantity of only 150 grams of heroin was recovered from the petitioner. 4. Keeping in view the peculiar circumstances of the case, the present petition is allowed. The execution of the remaining substantive sentence of applicant-appellant Sukhwinder Singh alias Happy son of Baldev Singh, resident of Birewala Jattan, Tehsil Sardulgarh, District Mansa, is ordered to be suspended during the pendency of the present appeal, subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/ Duty Magistrate, Mansa. ---------0.B.S.0------------