Naresh Kumar Sanghi, J. - (1.) PRAYER in this application is for suspension of sentence of the applicant -appellant, Raj Kumar, son of Ram Parkash, resident of Village Gorakhpur, District Shaheed Bhagat Singh Nagar, who was held guilty for having committed the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'the NDPS 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 out of the substantive sentence of ten years, the applicant -appellant has already suffered incarceration for more than four years, including two years and more than three months after his conviction and, as such, his case is covered by the ratio of the Division Bench judgment of this Court in the matter of Daler Singh v. State of Punjab, : 2007(1) R.C.R. (Criminal) 316. Learned counsel for the State has produced the affidavit of the Superintendent, District Jail, Sangrur, showing the period of incarceration suffered by the applicant -appellant, which is taken on record.
(3.) HEARD .;