2013 (1) TMI 924 - SC - Customs

Summary

Issues involved: Bail application u/s 21 of the NDPS Act, suspension of sentence, interpretation of Section 37 of the NDPS Act.

Judgment Summary:

The criminal appeal was filed against the High Court's decision denying bail to the appellant who was convicted u/s 21 of the NDPS Act. The Trial Court had sentenced the appellant to 10 years of rigorous imprisonment and a fine of Rs. 1,00,000. The appellant's appeal was pending before the High Court, along with an application for suspension of sentence, which was also rejected. The appellant had already served more than half of the sentence as per the custody certificate issued by the jail authority. The appellant sought suspension of sentence, while the ASG argued against it citing Section 37 of the NDPS Act.

Upon review, the Supreme Court found that since the appeal was pending and unlikely to be heard soon, the appellant was entitled to suspension of sentence. The Court allowed the appeal, suspended the appellant's sentence during the appeal's pendency, and directed the appellant's release on bail, subject to the Trial Court's satisfaction. The appellant was also instructed to pay the fine imposed by the Trial Court. Importantly, the Court clarified that its decision did not reflect any opinion on the case's merits.