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| DB refuses to stay conviction of narco smuggler | | | Early Times Report
JAMMU, July 12: A Division Bench of Jammu & Kashmir High Court comprising Justice Dhiraj Singh Thakur and Justice Puneet Gupta reject the plea of suspension of sentence of Bharat Bhushan who was convicted and sentenced by the Trial Court in NDPS Case
While rejecting plea of suspension of sentence, Division Bench after hearing Sr, Adv Sunil Sethi with Adv Veenu Gupta for the petitioner whereas AAG Aseem Sawhney appearing for the UT, observed that Court is not convinced that the appellant has been able to meet the rigors of Section 37 of NDPS Act so as to get relief in the present application. The nature of offence can never be lost sight of by the Court while deciding the prayer for suspension of the sentence and grant of bail to the convict. The appellant cannot seek bail in such like cases as a matter of right keeping in view the nature of the offence and the punishment which is prescribed under the provisions of the Act.
DB observed that the appellant having failed to obtain relief in the application on merits could still plead for his release on bail on account of his long incarceration but this circumstance also does not favour the appellant in a case like the present one as is held by the Apex Court in case of Sheru. In any case, the appellant who has been sentenced to suffer rigorous imprisonment for a period of 12 years has undergone only a meager part of about two years till date as per the nominal roll submitted by Superintendent District Jail, Jammu.
It is worthwhile mention here that the appellant along with co-accused Aaqib Ahmed Mir and Ghulam Nabi Bhat stands convicted by the Court of Additional Sessions Judge, Jammu for the offences under Section 8/20/29 NDPS Act. The trial court vide order dated 01.01.2020 sentenced all the accused to undergo rigorous imprisonment for a period of 12 years and a fine of Rs. 1,00,000/- and in case of failure to deposit the amount the accused to further undergo six months rigorous imprisonment.
—JNF |
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