GURPREET SINGH @ GURI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The applicant preferred the subject appeal against the judgment dated 08.11.2019 rendered by the learned Judge, Special Court, Sangrur, in NDPS Act Case No.183 of 20.02.2019, whereby he was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, 'the Act of 1985'), and sentenced to imprisonment for a period of three years apart from payment of a fine of ' 30,000/-. Recovery of the fine having been stayed by this Court pending the appeal, the applicant presently seeks suspension of the sentence of imprisonment visited upon him.

(2.) Perusal of the judgment under appeal reflects that the Special Court opined that the prosecution had proved beyond reasonable doubt that the applicant was apprehended in possession of 15 kgs. of poppy straw. That would be less than the commercial quantity of 50 kgs. prescribed in the notification issued by the Central Government in the year 2001 under the provisions of the Act of 1985.

(3.) It may be noted that the Supreme Court, time and again, cautioned that bail should not be granted liberally in cases arising under the Act of 1985 [See Maktool Singh v/s. State of Punjab, 1999 3 SCC 321 and Achint Navinbhai Patel v/s. State of Gujarat, 2002 10 SCC 529. Such observations were obviously made keeping in mind the adverse effects caused by drug addiction and its lethal impact on society at large. However, no guiding principles have been laid down by any Court with regard to exercise of discretion under Section 389 Cr.P.C., while dealing with an application for suspension of the sentence of imprisonment consequent upon conviction under the Act of 1985, in relation to less than the prescribed commercial quantity. Therefore, this Court would have to be mindful of the requirements of law while dealing with the present plea for suspension of the sentence of imprisonment.