GUDDI AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this application, filed under Section 389, Cr.P.C., is for suspension of sentence of the applicantappellant Nos. 2 to 4, namely, Rani Kaur, Jailo and Banso, who were held guilty for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced to undergo rigorous imprisonment for 10 years, besides payment of fine of Rs. 1,00,000/- each and in default thereof to undergo further rigorous imprisonment for one year each.

(2.) Learned counsel contends that according to the prosecution, recovery of 50 Kgs. and 100 grams of Poppy Husk was effected from the applicant-appellant Nos. 2 to 4 and their co-accused/appellant No. 1, Guddi. He further submits that deliberately the Investigating Agency has shown the recovery of 50 Kgs. and 100 grams to make it a commercial quantity. He further submits that there are fairly arguable points in the appeal. He also contends that the applicant-appellant Nos. 2 to 4 have undergone more than two years of the substantive sentence.

(3.) Learned counsel for the State has produced the affidavits of the Superintendent, District Jail, Mansa, showing the period of incarceration suffered by the applicant-appellant Nos. 2 to 4, which are taken on record.