YUSUF KHAN Vs. STATE

JUDGEMENT

(1.) THIS is an application on behalf of the appellant seeking suspension of sentence of imprisonment in case F. I. R. No. 37 of 2002 for commission of offence punishable under Section 21 of NDPS Act, registered at police Station Narcotics Branch, Kamla Market. The appellant was sentenced to undergo rigorous imprisonment for ten years with a fine of Rs. one lakhs and default clause.

(2.) AS per Prosecution case, the appellant was found in possession of 1 Kg. of heroin out of which a sample was taken and sent to CFSL for determining the percentage of diacetylmorphine. After analysis, the percentage of diacetylmorphine came to be 2. 3 gms. , which is of small quantity.

(3.) LOOKING to these facts, the sentence of imprisonment of the appellant is suspended during the pendency of the appeal on his furnishing a personal bond in the sum of Rs. 25,000/- (rupees twenty five thousand) with one surety in the like amount to the satisfaction of the trial judge. The application stands disposed of in terms of the aforesaid order.