SATNAM SINGH @ LUCKY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an application under Section 389 of the Code of Criminal Procedure for suspension of sentence of Satnam Singh alias Lucky pending appeal. He was convicted under Section 22 of the NDPS Act and sentenced to undergo RI for ten years and to pay fine of Rs. 1,00,000/ -.

(2.) NOTICE of the application was issued on 10.3.2014 and at that time, counsel for the applicant had contended that the case was not covered by the ratio of the judgment in Daler Singh vs. State of Punjab, : 2007(1) RCR(1) Criminal 316, though, it was stated that the applicant had undergone sentence for four years and one month.

(3.) COUNSEL for the applicant contends that the case is squarely covered by Clause (ii) of paragraph No. 29 of the judgment in case of Daler Singh (supra), which is not disputed by learned counsel for the State in view of the affidavit/reply.