AMIT KUMAR @ MONU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this application is for suspension of sentence of the applicant/appellant, Amit Kumar @ Monu, who was held guilty for having committed the offence punishable under Sec. 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and ordered to undergo rigorous imprisonment for three years besides the payment of fine of Rs. 20,000.00 and in default thereof, to undergo further rigorous imprisonment for six months.

(2.) Learned counsel contends that the applicant is the first offender; there are fairly arguable points in the appeal; the applicant has suffered incarceration for approximately six months for retaining non-commercial quantity of 250 grams of charas; and the commercial quantity of charas would start beyond 1 kg.

(3.) Learned counsel for the State has very fairly conceded that the applicant, who is neither required nor involved in any other case, has suffered incarceration for six months.