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, Mansoor @ Mansoor Khan, son of Sitar Khan, resident of Mohalla Ganga Rampura, Police Station, Banmor, District Muraina (M.P.), who was held guilty for having committed the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and ordered to undergo rigorous imprisonment for ten years, besides payment of fine of 1,00,000/- and in default thereof to undergo further rigorous imprisonment for one year.
(2.) Learned counsel contends that though it is the third application for suspension of sentence, but now the case of the applicant-appellant is squarely covered by the ratio of the Division Bench judgement of this Court delivered in the matter of Daler Singh v. State of Punjab, 2007 (1) R.C.R. (Criminal) 316, since the applicant-appellant has already suffered incarceration for approximately four years.
(3.) Learned counsel for the State has produced the affidavit of the Superintendent, New District Jail, Nabha, showing the period of incarceration suffered by the applicant-appellant, which is taken on record. Learned counsel for the State very fairly concedes that as per the said affidavit the applicant-appellant, Mansoor @ Mansoor Khan, has already suffered incarceration for 4 years, 3 months and 25 days, and as such, his case is squarely covered by the ratio of the Division Bench judgment of this Court delivered in the matter of Daler Singh (supra).;