DB refuses to stay conviction of narco smuggler

Excelsior Correspondent
JAMMU, July 12: A Division Bench of J&K High Court comprising Justice Dhiraj Singh Thakur and Justice Puneet Gupta rejected 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 observed that court was 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. 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, “said the DB.
The appellant along with two co-accused stands convicted by the Court of Additional Sessions Judge, Jammu for the offences under Section 8/20/29 NDPS Act. The trial court has sentenced all the accused to undergo rigorous imprisonment for a period of 12 years and a fine of Rs 1,00,000/