EDWARD KHIMANI KAMAU Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) Crl. M.B. No. 186/2014 (suspension of sentence )

(2.) The application is vehemently opposed by counsel for the respondent NCB and it was submitted that after a full-fledged trial, the appellant was convicted for offence under Section 21(C)/23 read with Section 28 of the NDPS Act and was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1 lac and in default of payment of fine, to undergo simple imprisonment for a period of one year. It is a case of recovery of commercial quantity i.e. 770 gms of heroin and Section 37 of NDPS Act puts a complete bar on the suspension of sentence and grant of bail. There is no discrepancy in panchnama as referred to by counsel for the appellant. Moreover, this submission is made for the first time and when the Investigating Officer was examined, his attention was not drawn to the discrepancy, which is being pointed out at this stage and, therefore, the sentence is not liable to be suspended and the application deserves dismissal.

(3.) Reliance was placed on Union of India v. Rattan Mallik @ Habul, 2009 2 SCC 624; N.R. Mon v. M. D. Nasimuddin,2008 3 JCC(Narcotics) 170; Customs v. Ahmadalieva, 2004 3 SCC 549; Pawan Mehta v. The State, 2001 1 JCC 34; UOI v. Shiv Shankar Kesari, 2007 7 SCC 798; NCB v. Karma Phuntsok & Ors., 2005 12 SCC 480; UOI v. Ram Samujh & Anr.,1999 3 CCC(SC) 22; Vinod Kumar & Ors. v. Shri S.K. Srivastava, Intelligence Officer, DRI,2006 1 JCC(Narcotics) 1 ; UOI v. Gurcharan Singh, 2003 11 SCC 764; and UOI v. Abdulla, 2004 13 SCC 504.