MD.KHALIK Vs. UNION OF INDIA

JUDGEMENT

(1.) The application filed by the petitioner for suspension of the sentence under Sec. 389(1) of the Code of Criminal Procedure 1973 has been dismissed by the High Court. The petitioner has been convicted of an offence under Sec. 21(C), 27(A) and 29 of the NDPS Act and sentenced to suffer imprisonment of 12 years.

(2.) Mr. Shail Kumar Dwivedi, learned counsel appearing on behalf of the petitioner submits that the petitioner has undergone nearly seven years' imprisonment. Moreover, it has been submitted that by the order of the High Court dtd. 21/4/2017, liberty was granted to the petitioner to apply for bail if the appeal was not heard within a period of one year. Learned counsel submits that the appeal has still not been heard and the High Court at present is hearing appeals of 2010-2011.

(3.) The charge against the petitioner, which has been found to be proved, arose out of the alleged recovery of 650 grams of heroin. This is a commercial quantity. Having regard to this aspect and all the facts and circumstances of the case, we find no reason to exercise the jurisdiction under Article 136 of the Constitution. The Special Leave Petition is dismissed.