MOSSA KOYA KP Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Leave granted.

(2.) The appellant has been denied a suspension of sentence under Sec. 389 of the Code of Criminal Procedure 1973["CrPC"] by a Single Judge of the High Court of Delhi by the impugned order dtd. 18/5/2021.

(3.) FIR 52 of 2013 was lodged against the appellant for offences punishable under Ss. 21, 29, 61 and 85 of the Narcotic Drugs and Psychotropic Substances Act 1985["NDPS Act"] at Police Station Special Cell on 18/19/11/2013. Besides the appellant, two other co-accused were named. The appellant and another co-accused were charged with joint possession of 1 kg of heroin, recovered from a hotel room in Udaipur. The appellant and another co-accused were also charged for conspiracy under Sec. 29 of the NDPS Act.