BEENA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this application is for suspension of sentence of the applicant-appellant, Beena, wife of Neeta Adharmi, resident of Village Mohalla Saran, near Ghanta Ghar Chowk, Adampur, District Jalandhar, who was held guilty for the offence punishable under Section 18 of the NDPS Act, and sentenced to undergo rigorous imprisonment for ten years besides payment of fine of Rs. 1,00,000/- and in default to undergo further rigorous imprisonment for six months, in FIR No. 54, dated 21.6.2007, registered at Police Station, Sherpur, District Sangrur.

(2.) Learned counsel contends that the applicant-appellant, Beena, who is a lady, has suffered incarceration for approximately five years. He further submits that vide order dated 25.11.2011, this Court had directed to list the appeal for final hearing and if the same was not decided within 30 days, then the application seeking suspension of sentence shall be considered in the light of the judgment rendered by this Court in the case of Daler Singh v. State of Punjab, 2007 1 RCR(Cri) 316. On the strength of above, learned counsel prays for suspension of the sentence of the applicant-appellant, Beena.

(3.) Learned counsel for the State has placed on record the affidavit of Snehjot Dhawan, Superintendent, Women Jail, Ludhiana, showing the period of incarceration suffered by the applicant-appellant, Beena, which is taken on record. He has not controverted the factual position that the case of the applicantappellant is covered by the ratio of the judgment delivered by a Division Bench of this Court in the case of Daler Singh .