VIRENDER GUPTA Vs. STATE OF J&K

JUDGEMENT

(1.) Appellant/Applicant has filed the instant application for suspension of sentence along with appeal against the judgment and order dated 31.05.2017 passed by the learned 1st Additional Sessions Judge, Jammu, whereby the appellant/applicant has been convicted along with other accused, namely, Nirmal Singh, for the commission of offence punishable under Sections 20 (b)(ii)(c) of the NDPS Act and were sentenced to undergo rigorous imprisonment for a period of ten years each and also sentenced to pay a fine of Rs. 2.00 lacs each and in default of payment of fine, the applicant shall further undergo simple imprisonment for a period of three years.

(2.) The case of the applicant is that the court below has convicted him by ignoring vital and important aspects of the case irrespective of the fact that the prosecution has miserably failed to prove the guilt of appellant/applicant beyond reasonable doubt. In the application, the appellant/applicant has stated that he has been convicted by the trial court in utter disregard of the law laid down by the Hon'ble Supreme Court of India, while interpreting the various provisions of the NDPS Act and the conviction was recorded only for the sake of conviction, whereas if evidence adduced by the prosecution thoroughly appreciated, the same will definitely demands the acquittal of the appellant/applicant.

(3.) It has further been stated in the application that the appellant is the only male earning members in his family and has having children and old aged wife for whom the applicant owes a duty and responsibility to maintain. It has also been stated that the applicant/appellant was not posing any kind of threat towards the interest of the society and neither the applicant is habitual offender and as such, his continuous detention is not only a source of harassment to him but due to this, his family too would suffer a lot on account of long incarnation of the appellant/applicant. It is further stated that the appellant/applicant was also suffering from severe problem in his right leg for which he had also undergone surgery and even after the surgery the applicant was not in a position to walk properly. That the applicant belongs to poor stratum of the society and neither he is in a position to pay the fine of Rs. 2.00 lacs imposed upon him as fine. That the conviction imposed upon the appellant/applicant, if not suspended immediately, the appellant/applicant would suffer huge loss and injury which cannot be compensated later on. As such, the appellant/applicant seeks indulgence of this Hon'ble Court for suspension of sentence imposed upon him till disposal of the criminal application. It is also stated in the application that the appellant is ready to abide by all such terms and conditions which this Court may impose.