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IndiaHC suspends sentence; grants bails to convict in NDPS case

HC suspends sentence; grants bails to convict in NDPS case


Tawi, Dec. 21

The High Court of J&K at Jammu comprising of Justice Sanjay Kumar Gupta has suspended the sentence and granted bail to a convict Virender Gupta, who had filed an appeal in the High Court of J&K at Jamma and also plea for suspension of sentence. This order was passed by Justice Sanjay Kumar Gupta after hearing the counsel for appellant Mr A K Sawhney with Shiv Dev Thakur and Anil Sharma Advocates.
.. The High Court in its order has held as follows..” I am of the considered view that there is ground to suspend the sentence at this stage. Hence, sentence passed by court below is suspended. Accused/appellant shall be enlarged on bail subject to his furnishing of surety bond and personal bond of Rs.50,000/- each subject to satisfaction of Registrar Judicial of this Court….”
C. M. Koul, Sr. AAG had appeared for the State Police.
The High Court observed in the judgment that the Appellant/applicant has filed the application for suspension of sentence along with appeal against the judgment and order dated 31.05.2017 passed by the 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.
The High Court further observed that 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 , 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.

The Northlines is an independent source on the Web for news, facts and figures relating to Jammu, Kashmir and Ladakh and its neighbourhood.


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