IQBAL MOHD. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRL . Appeal No. 468-SB of 2006 Admitted. Crl. Misc. No. 14471 of 2006 During the pendency of the appeal, the applicant-appellant is praying for suspension of substantive sentence and stay of recovery of fine. Notice of motion. On the asking of the Court, Mr. Ramandeep Sandhu, DAG Punjab accepts notice.

(2.) THE applicant-appellant has been convicted under Section 15 of the NDPS Act and has been sentenced to undergo RI for two years and six months and to pay a fine of Rs. 10,000/-.

(3.) WHILE pointing out certain infirmities in the case of the prosecution, the learned counsel for the applicant-appellant contends that the applicant- appellant was on bail during the trial. He remained in custody for some time as an under trial prisoner and is serving his substantive sentence since the date of his conviction. Then contends that substantive sentence of Gulam Sabari, co-convict of the appellant has already been suspended by this Court in Crl. Appeal No. 444-SB of 2006.