- (1.) This order of mine shall dispose of first application filed under Section 389 Cr.P.C. by applicant -appellant Kamal for suspension of sentence during the pendency of the present appeal. He has been convicted for the commission of offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/ -, in default thereof to further undergo simple imprisonment of one year, vide judgment of conviction dated 17.09.2015 and order of sentence dated 19.09.2015 passed by learned Addl. Sessions Judge, Sirsa.
(2.) Learned counsel for the applicant -appellant presses the application on merits. It is contended that as per prosecution case, some drugs were recovered from the possession of applicant -appellant in the area of village Kalanwali.
(3.) Learned counsel for the applicant -appellant further contends that he had led evidence before the lower court that on the date of recovery i.e. 20.09.2013, the applicant was having a valid drugs licence, which was in operation from 22.02.2013 to 21.02.2018. The applicant -appellant is the sole proprietor of chemist firm M/s Haredesh Medical Agency, Sirsa.;