(1.) LEARNED counsel submitted that out of two and half months Jail sentence under Section 15 of the NDPS Act, the appellant has served out more than 35 days so far. Learned counsel also submitted that this is the first offence of the appellant and the total quantity of contraband alleged to have been recovered from him was 2.5 Kgs. Poppy husk. Learned counsel also submitted that fine amounts have already been deposited.
(2.) THUS , taking into account totality of circumstances and without expressing any opinion on merits of the case, Crl.Misc.No.40447 of 2005 is allowed and jail sentence of Pritam Singh son of Mangal Singh shall remain suspended during pendency of this appeal. He shall be released on bail on his furnishing a bail bond in the sum of Rs.50,000/ - with two solvent sureties in the like amount each, to the satisfaction of learned Special Judge, Kurukshetra.