(1.) LEARNED counsel submitted that out of 1 -1/2 years' jail sentence under Section 18 of the NDPS Act, the appellant has remained in custody for two months. 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 only 400 grams of Opium.
(2.) THUS , taking into account totality of circumstances and without expressing any opinion on merits of the case, Crl.Misc.No.39393 of 2005 is allowed and jail sentence of Suba Singh son of Lakhbir Singh is directed to 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, Amritsar.