NDPS Act — Section 37 — Non-commercial quantity — Suspension of sentence pending appeal — Grant of bail justified (Paras 5–9) Where the appellant/A.1 was convicted under Section 8(c) r/w 20(b)(ii)(B) of the NDPS Act, 1985 and sentenced to five years’ rigorous imprisonment, the High Court held that Section 37 has no application when the contraband involved is less than commercial quantity, as admitted by both sides. In such circumstances, the case is governed by ordinary bail principles. Considering that the sentence was a fixed term of five years and there was no likelihood of early hearing of the appeal, the Court held that suspension of sentence and grant of bail was justified. (Paras 5–9)

advocatemmmohan

AP HIGH COURT 

NDPS Act — Section 37 — Non-commercial quantity — Suspension of sentence pending appeal — Grant of bail justified (Paras 5–9)

Where the appellant/A.1 was convicted under Section 8(c) r/w 20(b)(ii)(B) of the NDPS Act, 1985 and sentenced to five years’ rigorous imprisonment, the High Court held that Section 37 has no application when the contraband involved is less than commercial quantity, as admitted by both sides. In such circumstances, the case is governed by ordinary bail principles. Considering that the sentence was a fixed term of five years and there was no likelihood of early hearing of the appeal, the Court held that suspension of sentence and grant of bail was justified. (Paras 5–9)

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Suspension of sentence — Absence of likelihood of reoffending — Conditions for bail (Paras 4, 6, 9–10)

While exercising power to suspend sentence pending appeal, the Court considered whether there existed any material to show likelihood of the accused committing similar or other offences. In the present case, no such material was placed on record, and the petitioner was already in custody with fine paid. Hence, the sentence was suspended and bail granted, subject to conditions including execution of bond with sureties, monthly appearance before trial Court, non-involvement in offences, and restriction on leaving the country. (Paras 4, 6, 9–10)