SHINDER PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Custody certificate has been filed. Same is taken on record.

(2.) This is an application under Section 389 Cr.P.C., 1973 praying for suspension of sentence of applicant-appellant Shinder Pal son of Nirmal Singh, who has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years under Section 29 of the Narcotic Drugs and Psychotropic Substances Act and 10 years under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, in case FIR No.125 dated 30.09.2013, registered under Sections 15/29 of the Narcotic Drugs and Psychotropic Substances Act at Police Station Rahon, District SBS Nagar.

(3.) Learned counsel for the applicant contends that there would be a debatable issue that whether the applicant could be sentenced under Section 29 of the Narcotic Drugs Psychotropic Substances Act under the given circumstances of the prosecution case. Apart from that, it is contended that he has been convicted for ten years under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, similarly, under Section 29 of the Narcotic Drugs and Psychotropic Substances Act without their being any comment upon the order of running the sentence concurrently, which would imply a sentence of 20 years for being in possession of 54 Kgs. of poppy husk, which would be extremely harsh. It is further contended that the applicant has already undergone 02 years 02 months and 21 days and there is no other case against him under the provisions of Narcotic Drugs and Psychotropic Substances Act.