CHARANSIH AMARSIH BHABHOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Ld. Advocate Mr. RM Agrawal for the appellant and Mr. KP Raval, Ld. APP for the respondent.

(2.) The appellant has preferred above referred Criminal Misc. Application for suspension of sentence on various grounds including technical ground regarding confirmation of conviction considering the volume of narcotic substance in the seized material, submitting that when prescribed period of sentence is only six months for such small quantity and when the appellant is behind the bar for last 18 months, he may be released on bail. Therefore, when the appellant was not released on regular bail by the Coordinate Bench at the relevant time, instead of releasing him on bail, both the parties have agreed to decide the appeal finally and, therefore, appeal is taken up for final hearing considering the fact that otherwise also all cases need to be disposed of at the earliest.

(3.) The appellant herein has been convicted by the impugned judgment and order dated 22/12/2014 by the Special Judge and Addl. Sessions Judge of Ahmedabad [Rural] at Ahmedabad in NDPS Case No. 2 of 2009. He has been awarded sentence of rigorous imprisonment [RI] of five years for committing offence under sections 8 [c] and 17[b] of the Narcotic Drugs & Psychotropic Substances Act [hereinafter referred to as 'the NDPS Act'] and fine of Rs.50,000/ - is also imposed with a condition that for non -payment of fine, he has to undergo simple imprisonment [SI] of one year with direction to give set -off of period of custody during trial. The jail record shows that the appellant has been arrested on 7/1/2009 and convicted on 22/12/2014, but he was released on bail from 20/3/2009 and, therefore, till date the appellant has practically undergone imprisonment of approximately one year, seven months and 20 days.