For Petitioner(s) : Mr. Rajveer Singh with Mr. P.L. Saini
For Respondent(s) : Mr. Jaiprakash Tiwari, PP
HON’BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order
05/08/2025
1. Heard learned counsel for the applicant and learned Public
Prosecutor on the application for suspension of sentence and
perused the material available on record.
2. Learned counsel appearing for the applicant-appellant has
submitted that the trial court has convicted the accused appellant
under Section 8/15 and 8/18 of NDPS Act and sentenced for 10
years Rigorous Imprisonment and fine of Rs. 1,00,000/- and in
default of payment of fine further one year Rigorous
Imprisonment. He contended that the appellant is in custody since
22.8.2019. Thus, he has completed a substantial part of the
sentence of 10 years awarded to him. He contended that the
recovered contraband is marginally above the commercial
quantity. In support of his submissions, learned counsel for the
[2025:RJ-JP:29961] (2 of 3) [SOSA-1095/2025]
appellant has placed reliance on judgments of the Hon’ble
Supreme Court in Narcotic Control Bureau Vs. Lakhwinder
Singh, 2025 9 Supreme (SC) 315; and Manohar Lal Ainani
Vs. State of Rajasthan & Anr., Special Leave to Appeal (Crl.)
No. 2893/2021 decided on 15.11.2021.