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2021 (12) TMI 1395 - SC - Indian LawsSmuggling - Heroin - Conspiracy - joint possession punishable under Section 21(c) of the NDPS Act - HELD THAT:- The submission of the Additional Solicitor General that offences under the NDPS Act are of a serious nature is appreciated and the case is at the post conviction stage. Yet the Court cannot be unmindful of the fact that the appellant has undergone 8 years out of the total sentence of 10 years. The appeal is unlikely to be heard early. In all probability, the entire sentence would have been undergone by the time the appeal is heard. In the circumstances, particularly, since the appellant has undergone 8 years out of ten years of the total sentence which has been imposed on him, we are of the view that a fit and proper case has been made out for the suspension of the sentence under Section 389 CrPC. The impugned order of the High Court is set aside - the sentence of the appellant shall remain suspended under Section 389 CrPC, subject to such terms and conditions as may be imposed by the Special Judge, NDPS, Patiala House Courts, New Delhi - appeal allowed.
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