- (1.) This is an application under Section 389 Cr.P.C. praying for suspension of sentence of the applicant-appellant, namely Balwant Singh, who has been convicted and sentenced to undergo rigorous imprisonment for a period of 12 years in a case registered vide FIR No. 155 dated 28.6.2010 under Sections 15, 25/61/85 of the Narcotic Drugs & Psychotropic Substances Act, 1985 at Police Station Jagraon.
(2.) Learned counsel for the applicant-appellant contends that the appellant has undergone six years, two months and 15 days out of total substantive sentence of 12 years awarded to him and his case is squarely covered by the ratio of Daler Singh v. State of Punjab 2007(1) RCR (Criminal) 316(DB).
(3.) Learned counsel for the state opposed the prayer for bail on merits but does not dispute the fact that the case of the applicant is covered by the ratio of Daler Singh's case (Supra). He has also filed custody certificate of the applicant, today in the Court, which has been taken on record.;