(1.) Prayer in this application is for suspension of sentence of the applicant-appellant, Pawan Kumar @ Kali, son of Wazir Chand, resident of village Ghubaya, Tehsil Jallalabad, District, Fazilka, who was held guilty for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and ordered to undergo rigorous imprisonment for ten years, besides payment of fine of Rs. 1,00,000/- and in default thereof, to further undergo rigorous imprisonment for one year.
(2.) Learned counsel contends that the alleged contraband was recovered from the Tempo Trax running parallel to the car of the applicant-appellant. He further submits that during the course of the investigation an application was moved by the applicantappellant and the matter was re-apprised by the Superintendent of Police and he found the applicant-appellant to be innocent. On the strength of the above, he submits that it is a case of an acquittal, therefore, the substantive sentence of the applicant-appellant is liable to be suspended.
(3.) On the other hand, learned counsel for the State submits that the prosecution has proved that the alleged contraband i.e. four bags, each containing 40Kgs. of poppy husk, were recovered from the car in which the applicant-appellant was traveling. He further submits that the applicant-appellant has miserably failed to prove on record that during the course of investigation, he was found to be innocent by the Superintendent of Police.