P.K.LOHRA,J. - (1.) Applicant-appellant has preferred this application under Section 389 Cr.P.C. for suspending sentence awarded by learned trial Court by its judgment dated 18.09.2017 in Sessions Case No.12/2014. Learned trial Court, by the impugned judgment, convicted applicant for offence under Section 8 / 18 of the NDPS Act and handed down sentence of ten years rigorous imprisonment with fine of Rs.1,00,000/- and in default of payment of fine to further undergo rigorous imprisonment of a year.
(2.) Learned counsel for the applicant-appellant submits that accompanying appeal bearing No.1496/2017 against conviction has been admitted by the Court. It is also submitted by learned counsel that during trial applicant was on bail and he never misused his liberty. Learned counsel has further contended that though applicant is convicted for the aforesaid offence but there is no evidence that contraband (opium) was recovered from his conscious possession, and, on the contrary, the same was recovered from co-accused Radheshyam @ Shyam. Lastly, learned counsel has urged that this is a solitary case of the applicant and there is no other criminal antecedent showing his involvement in any offence under the NDPS Act .
(3.) Learned Public Prosecutor has vehemently opposed the application for suspension of sentence. It is argued by learned Public Prosecutor that looking to the proven criminal delinquency of the applicant his prayer for suspension of sentence is liable to be thwarted.;