Naresh Kumar Sanghi, J. - (1.) PRAYER in this application is for suspension of sentence of the applicant -appellant Soni Singh S/o Gurmit Singh, R/o Muradpur, Police Station, Sumana, District Patiala, who has been held guilty for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and ordered to undergo rigorous imprisonment for 10 years, besides payment of fine of Rs.1,00,000/ - and in default thereof to undergo further rigorous imprisonment for two years. Learned counsel contends that the applicant -appellant is neither required nor involved in any other case; there are fairly arguable points in the appeal and the case of the applicant -appellant is covered by the ratio of the judgment delivered by this Court in the matter of Daler Singh v. State of Punjab, : 2007 (1) R.C.R. (Criminal) 316.
(2.) LEARNED counsel for the State has produced an affidavit of the Superintendent, District Jail, Sangrur, showing the period of incarceration suffered by the applicant -appellant Soni Singh, which is taken on record. Perusal of the affidavit reveals that applicant -appellant is neither required nor involved in any other case and he has suffered incarceration of 4 years and 22 days as on date, out of which 2 years and 5 months is post conviction period, therefore, the case of the applicant -appellant is squarely covered by the ratio of the judgment delivered by this Court in the matter of Daler Singh (supra) and, as such, the present application is allowed. Execution of the remaining substantive sentence of the applicant -appellant Soni Singh S/o. Gurmit Singh, R/o. Muradpur, Police Station, Sumana, District Patiala, is ordered to be suspended during pendency of the appeal subject to his furnishing bonds in the sum of Rs.1,00,000/ - with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Shaheed Bhagat Singh Nagar. The heavy surety has been ordered in view of the alleged recovery of more than 2 quintals of poppy husk from the applicant -appellant.;