SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction dated 05.12.2003 vide which the appellant was held guilty for offence punishable under Section 15(c) of the Narcotic Drug and Psychotropic Substances Act, 1985 (in short 'NDPS Act') along with the co-accused - Virender Kumar and the order dated 09.12.2003 vide which the appellant and his co-accused - Virender Kumar were sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1 lac and in default of payment of fine to further undergo rigorous imprisonment for a period of 02 years.

(2.) The present appeal was filed in the year 2004 and thereafter, the sentence of the appellant was suspended on 14.03.2007 considering the long custody of the appellant.

(3.) As per the Custody Certificate dated 09.10.2018 filed in the Court today, the appellant has undergone 06 years, 02 months and 05 days of total sentence including the remissions till 20.03.2007 when he was released from judicial custody. It is stated by counsel for the State that the appellant was not found involved in any other case prior to registration of the present FIR and even subsequent thereto and thus, after releasing the appellant on bail in the year 2007, in the intervening period of 11 years, the appellant has not misused the concession of suspension of sentence.