Harinder Singh Sidhu, J. - (1.) THIS is an application under Section 389 of the Code of Criminal Procedure for suspension of sentence of Satnam Singh alias Lucky pending appeal. He was convicted under Section 22 of the NDPS Act and sentenced to undergo RI for ten years and to pay fine of Rs. 1,00,000/ -.
(2.) NOTICE of the application was issued on 10.3.2014 and at that time, counsel for the applicant had contended that the case was not covered by the ratio of the judgment in Daler Singh vs. State of Punjab, : 2007(1) RCR(1) Criminal 316, though, it was stated that the applicant had undergone sentence for four years and one month. In response to the notice, custody certificate in the shape of affidavit of Officiating Superintendent, Central Jail, Amritsar is placed on record stating that the applicant has undergone 4 years 2 months and 12 days of sentence of imprisonment, including the period of imprisonment of 1 year 3 months and 20 days after conviction.
(3.) COUNSEL for the applicant contends that the case is squarely covered by Clause (ii) of paragraph No. 29 of the judgment in case of Daler Singh (supra), which is not disputed by learned counsel for the State in view of the affidavit/reply.;