NARESH KUMAR SANGHI, J. - (1.) PRAYER in this application, filed under Section 389, Cr.P.C., is for suspension of sentence of the applicant -appellant, Pankaj Dass, son of Dalip Dass, Caste Shah, R/o Bethman, Bihar, at present resident of Gali No.4, Mohalla Sunder Nagar, Hoshiarpur, who was held guilty for having committed the offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for brevity the 'Act') and ordered to undergo rigorous imprisonment for ten years, besides payment of fine of Rs.1,00,000/ - and in default thereof to undergo further rigorous imprisonment for two years.
(2.) LEARNED counsel contends that as per prosecution case, 500 injections of Oxytocin were recovered from the applicant - appellant and Oxytocin has not been declared as prohibited drug under the Act and the rules framed thereunder. She further contends that the applicant has suffered incarceration for one year and approximately eight month. He is neither required nor involved in any other case under the Act. She further contends that Parvon Spas capsules recovered from the co -convicts of the applicant -appellant cannot be considered as recovered from the applicant -appellant. Learned counsel for the State very fairly concedes that the applicant -appellant is neither required nor involved in any other case under the Act. He has opposed the prayer for suspension of sentence on the premise that 1200 capsules of Parvon Spas were recovered from the joint possession of the applicant -appellant and his co -convicts, therefore, the benefit of suspended sentence should not be extended to him.
(3.) I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.;