KALA SINGH @ JASPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this appeal, accused-appellant Kala Singh @ Jaspal Singh has not challenged his conviction on merits, who has been convicted and sentenced by the learned Special Judge (N.D.P.S. Act Cases), Sri Ganganagar in Sessions Case No. 18/2008 as under: Section 8 read with : 4 Years R.I. with a fine of Rs. 10,000/- and in Section 15(b) of the default of payment of fine, 1 years R.I. N.D.P.S. Act, 1985 additionally.

(2.) Application for suspension of sentence filed under Section 389, Cr.P.C. by accused Kala Singh @ Jaspal Singh was first dismissed on 18.12.2010 and then on 5.8.2011 and on 27.11.2012.

(3.) Now the appellant has simpliciter prayed that his conviction under Section 8 read with Section 15(b) of the N.D.P.S. Act, 1985 (for short the Act of 1985 hereinafter) be maintained but he may be released on undergone sentence because as per him, he has remained in custody in this case from 29.3.2008 to 28.5.2008 and then from 26.8.2010 till today, i.e. up to 10.4.2013. In support of his prayer, he has placed reliance on Ghasita Saliu v. State of Madhya Pradesh, (2008) 3 SCC 52.