- (1.) Prayer in this application is for suspension of sentence of the applicant-appellant, Ajay Kumar, son of Mohan Lal, resident of House No. 58, Mohalla No. 22, Jalandhar Cantt. , who was held guilty for the offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced to undergo rigorous imprisonment for 10 years, besides payment of fine of Rs 1,00,000/- and in default of payment of fine to further undergo rigorous imprisonment for two years.
(2.) Learned counsel submits that according to the prosecution as many as 60 strips of 'Spasmo Proxyvon' capsules, each containing 24 capsules, were allegedly recovered from the applicant-appellant. The sample was drawn from one strip only, hence, the remaining 59 strips cannot be said to be the contraband. He further submits that the sample drawn from one strip was not the representative sample of the remaining 59 strips, therefore, the applicant-appellant cannot be held guilty for retaining all the strips of the contraband articles. He further submits that out of the awarded sentence of ten years, the applicant-appellant has already suffered incarceration for two years and more than one month.
(3.) Learned counsel for the State has produced the affidavit, dated 19.9.2012, of Surinder Pal Khanna, Superintendent, Central Jail, Jalandhar, showing the custody period suffered by the applicant-appellant, which is taken on record.;