IN THE MATTER OF: - MOHIRUL HOQUE Vs. STATE

JUDGEMENT

(1.) The applicant/appellant was convicted under Sec. 21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 and was sentenced to suffer rigorous imprisonment for 10 years. He renews his prayer for suspension of sentence pending disposal of the appeal, which was rejected earlier by a co-ordinate Bench by an order dated November 26, 2024, passed in CRAN/1/2024.

(2.) The applicant says that he has been in custody for about four years and six months. There is little possibility of an early hearing of this appeal.

(3.) Learned Senior Advocate for the applicant places an order passed by this Bench on December 10, 2025, passed in CRA(DB)/199/2025 and relies on the decisions of the Hon'ble Supreme Court in the cases of 2025 SCC Online SC 366 (Narcotic Control Bureau Vs Lakhwinder Singh), 2025 SCC Online SC 2327 (Suresh Kumar Vs State of Rajasthan). He submits that in a case of term imprisonment, a rigid approach should not be taken. In any event, Article 21 of the Constitution of India will prevail over Sec. 37 of the NDPS Act.