DINESH GOYENKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) WHETHER S. 32-A completely bars jurisdiction of the appellate Courts to suspend, by invoking the provisions of S. 389 (2), Cr. P. C. , the sentence passed against a person following his conviction for an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the ndps Act')- If the embargo, placed by S. 32-A, on the powers of the appellate Courts to suspend, by invoking its powers under S. 389 (1), Cr. P. C. , is not absolute, what are the parameters of such power of suspension in respect of a person, who stands convicted and sentenced for having been found to have committed an offence under the NDPS Act-These are the two major questions, which this Misc. Case has raised.

(2.) ON being tried, along with two other persons, on a charge, framed under Ss. 20 (b) (ii) (B) of the NDPS Act, for having been allegedly found, on 14-6-2000, in possession of ganja (Cannabis) without any authority of law, the accused-petitioner and the said two others stand convicted, under the said panel provisions of law, by judgment and order, dated 17-10-2007, passed in Sessions (Special) Case No. 8 (K)/2001. Following their conviction, as aforesaid, the three convicts, including the present accused-petitioner, have been sentenced to suffer rigorous imprisonment for three years and pay fine of Rs. 5,000/- each and, in default of payment of fine, to suffer rigorous imprisonment for a further period of one year. Aggrieved by the conviction and sentence, passed against him, the present accused-petitioner has preferred an appeal, which stands registered as Criminal Appeal No. 232/2007. The appeal already stands admitted for hearing.

(3.) BY making this Miscellaneous Application under s. 389 (1), Cr. P. C. , the accused-petitioner has sought for suspension of sentence passed against him and to allow him to go on bail pending disposal of the appeal.