GURMEET LAL Vs. NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) An interesting question of law falls for determination in the instant Application, viz., whether a person convicted under Sections 21/29 of the Narcotics and Psychotropic Substances Act, 1988(NDPS Act) and sentenced to a long period of imprisonment is entitled to suspension of sentence simply on the ground of long incarceration or the twin test as laid down under Section 37 of the NDPS Act is required to be satisfied?

(2.) The Applicant stands convicted for an offence under Section 21(c) of the NDPS Act. By an order on sentence dated 15.09.2009, the Applicant was sentenced to undergo RI for a period of 10 years and to pay a fine of Rs. 2,00,000/-. The Applicant avers that he has already undergone the sentence of about 08 years and 02 months from the date of his arrest which includes three years since the date of his conviction. It is stated that the Applicant during the period of interim suspension of sentence did not misuse the liberty granted to him by the Court. He is, therefore, entitled to suspension of sentence.

(3.) The Application is opposed by the learned counsel for the Respondent on the ground that long incarceration is not a sufficient ground to suspend his sentence of imprisonment or the sentence of fine. The learned counsel for the Respondent relies on a three Judge Bench decision of the Supreme Court in Dadu v. State of Maharashtra, 2000 8 SCC 437, another three Judge Bench decision of the Supreme Court in Ratan Kumar Vishwas v. State of Uttar Pradesh, 2009 1 SCC 482, a Division Bench decision of Supreme Court in Union of India v. Rattan Mallik @ Habul, 2009 2 SCC 624and a judgment passed by a learned Single Judge of this Court in Triloki v. NCB (in Crl.A.794/2010) decided on 13.09.2012.