SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this application is for suspension of sentence of applicant/appellant-Swaran Singh, who was held guilty for the offence punishable under Section 25 of the Narcotic Drugs and Psychotropic Substances Act,. 1985, (for brevity "NDPS Act") and ordered to undergo rigorous imprisonment for ten years besides the payment of fine of Rs. 1,00,000/- and in default thereof, to undergo further rigorous imprisonment for two years.

(2.) LEARNED counsel contends that though it is the second application for suspension of sentence of applicant-appellant- Swaran Singh yet he is entitled to the benefit of suspended sentence in view of the changed circumstances. He further submits that by now, the applicant/appellant has suffered incarceration for three years and more than five months.; the contraband i.e. 17 quintal and 50 Kgs poppy husk was not recovered from him and that the prosecution has miserably failed to prove that the truck from which the alleged contraband was recovered from the possession of Bohar Singh and Harjit Singh belonged to the applicant.

(3.) ACCORDING to Section 25 of the NDPS Act whoever, being owner of conveyance, knowingly permits its use for commission of offence under the provisions of the Act by any other person shall be punishable with the punishment provided for that offence. In the present case, there is no material to establish that the applicant knowingly permitted his truck to be used for commission of the offence punishable under Section 15 of the NDPS Act. It is an admitted fact that no recovery was effected from the applicant/appellant. He is behind the bars for the last three years and more than five months. There are fairly arguable points in the appeal and the same is not likely to be heard and decided in near future. The applicant is neither required nor involved in any other case.