SANJEEV KUMAR SHARMA Vs. NARCOTICS CONTROL BUREAU CHANDIGARH

JUDGEMENT

(1.) This is the second application under Section 389, Cr.P.C. filed on behalf of the applicant/appellant - Sanjeev Kumar Sharma for suspension of his sentence of imprisonment, during the pendency of the appeal in Crime No.29 dated 18.6.2013, under Sections 8, 18, 29 & 60 of Narcotics Drugs and Psychotropic Substances Act (for short - 'the Act'), registered at NCB, Chandigarh, on the ground of illness of his mother.

(2.) The case of the prosecution before the learned trial Court, in nutshell, was that on 18.6.2013, a secret information was received which was to the effect that one Mohinder Singh was to receive heavy quantity of contraband at his residence i.e. 539, Milk Colony, Dhanas, Chandigarh in an Innova car. This information was reduced into writing and then sent to the higher officer. Then a team was constituted for necessary action. A barrier was laid near the above -said residence of Mohinder Singh where at about 1:45 p.m., the team of NCB detected a Innova vehicle bearing registration No.HR -01 -AC -8000, stopping outside the said house. At that time, one Sikh gentleman aged about 55 years came out of the said house who after making some conversation with the person sitting in Innova vehicle boarded this vehicle. This vehicle was encircled by NCB team. On inquiry, the person who was sitting on the driving seat told his name as Sanjeev Sharma whereas the Sikh gentleman disclosed his name as Mohinder Singh. A sum of Rs.1.50 lacs was recovered from the search of said Mohinder Singh whereas Sanjeev Sharma (applicant/appellant) took out six packets containing opium weighing 9 kgs. 200 gms concealed in the dash board of said Innova. Before this, two independent witnesses were also joined in the said team. On the completion of investigation, challan against the accused was presented before the Judge, Special Court, Chandigarh.

(3.) After the trial, Mohinder Singh, co -accused of the present applicant/appellant was acquitted in this case whereas the present applicant/appellant was held guilty for the offence under Section 18(b) of the Act and awarded with a sentence of rigorous imprisonment for 10 years along with fine of Rs.1 lac and in default thereof, to further undergo rigorous imprisonment for a period of 2 1/2 years vide impugned judgment and order of sentence dated 16.1.2015. Being dissatisfied with the impugned judgment and order of sentence, the applicant/appellant preferred the present appeal, during the pendency of which he has filed the instant application for suspension of his sentence of imprisonment. Counsel for both the parties were heard.