BHANWARSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner Bhanwarsingh was convicted under Section 8 read with S. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short 'the NDPS Act') by the learned Sessions Judge, Rajsamand by his judgement dated 19-2-1996 and sentenced to ten years' rigorous imprisonment together with a fine of Rs. 1 lakh and in default whereof to undergo further rigorous imprisonment for three years.

(2.) Aggrieved by the above judgement, the petitioner has filed S. B. Criminal Appeal No. 160 of 1996 and also submitted an application under S. 389 Cr. P.C. for suspension of the execution of the above sentence.

(3.) The learned Public Prosecutor has vehemently opposed the application for suspension of execution of the sentence on the ground that S. 32-A of the Act starts with the non-obstante clause 'Notwithstanding' and it places a complete embargo on the powers of the High Court to suspend the sentence passed against any person under the provisions of the NDPS Act. He submitted that in view of the complete prohibition contained in S. 32-A of the Act, this Court is not empowered to order for the suspension of the execution of the sentence. The learned Public Prosecutor has relied on Narcotics Control Bureau v. Kishanlal, (1991 Cr LR (SC) 178), for the proposition that the powers of the High Court to grant bail under S. 439 Cr. P.C. are subject to the limitation contained in Section 32 of the NDPS Act and restrictions placed on the powers of the High Court under Section 32 of the NDPS Act are applicable in the matter of granting bail.