MAHIDUL SHEIKH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The applicant-appellant, a resident of West Bengal, convicted for possessing 220 grams of heroin (Diacetylmorphine), which is an intermediate quantity, and sentenced to imprisonment for ten years and a fine of Rs. One Lac has come up before this Court under sec. 389 of Code of Criminal Procedure, 1973 (CrPC) seeking suspension of sentence.

(2.) The facts relevant in deciding the present application is that on 7/11/2017, the police party received secret information that three persons, who were present in a room, are involved in drug trafficking, and at that point of time if a raid is conducted, they could be apprehended. After completing the procedural requirements, the police raided the said place and found two persons, including the applicant-Mahidul Sheikh. The room was searched in the presence of the owner of the premises, and one bag was found. The search of the bag led to the recovery of 220 grams of heroin. Apart from that, the police also allegedly recovered Rs.14,39,780.00. Subsequently, the police registered the FIR captioned above and arrested the accused. During the trial, learned Special Judge allowed the prosecution and convicted the applicant under Sec. 21(b) NDPS Act. The Court sentenced him to undergo rigorous imprisonment for ten years and pay a fine of Rs.1,00,000.00 and in default of payment of fine, to undergo rigorous imprisonment for one year further. The cash amount recovered was ordered to be forfeited to the State.

(3.) Learned Counsel for the applicant-convict argued that the quantity of 220 grams of heroin (Diacetylmorphine) is less than commercial and thus, rigors of sec. 37 of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) do not apply, and application for suspension of sentence is to be considered similar to the general offences. Learned Counsel for the applicant-convict has further argued that the applicant is the first offender and has already undergone two years of the sentence, and the quantity involved is intermediate, whereas the Court has imposed the maximum sentence apart from forfeiting the money recovered from the house.