VIJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this application, a prayer has been made to suspend substantive sentence imposed upon the petitioner, vide judgment and sentence order dtd. 30/7/2022, passed by learned Special Judge-II, Sirmour District at Nahan, in Sessions Trial No. 59-N/7 of 2013.

(2.) Petitioner has been convicted for offence under Sec. 21(b) of ND and PS Act. He has been found to be in exclusive possession of 10 kilograms of poppy husk, which is intermediate quantity. The small quantity of poppy husk is less than 1 kilogram and commercial quantity is more than 50 Kilograms. Petitioner has been sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs.50,000.00. In default of payment of fine, petitioner has been ordered to undergo simple imprisonment for three months.

(3.) It is contended on behalf of the petitioner that he has good arguable case and there is every likelihood of acceptance of the appeal filed by him. Stress has been laid on the fact that the prosecution case was full of doubts. No independent witness was associated, despite opportunity to do so. The alleged apprehension of the petitioner was in the most thickly habitated area. The road on which petitioner was allegedly apprehended was a busy road for traffic. It is further submitted that the fine amount has been deposited by the petitioner. He had remained on bail throughout the trial and has not misused such liberty at any point of time.