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Chinazor Festus Mbalugh vs Narcotics Control Bureau on 1 March, 2021

Author: Suresh Kumar Kait

Bench: Suresh Kumar Kait

$~23
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CRL.A. 76/2020
       CHINAZOR FESTUS MBALUGH                           ..... Appellant
                          Through       Mr.Jagat Rana, Adv. (DHCLSC)

                          versus

       NARCOTICS CONTROL BUREAU               ..... Respondent
                    Through Mr.Subhash Bansal, Sr. Standing
                            counsel with Mr.Shashwat Bansal,
                            Adv. for NCB.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT
                 ORDER

% 01.03.2021 The hearing has been conducted through video conferencing. Crl. M.A. 3282/2021 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present application, applicant/appellant seeks suspension of sentence awarded by Trial Court vide conviction judgment and order on sentence dated 29.07.2019 and 27.11.2019 whereby applicant was sentenced to undergo RI for 10 years with fine of Rs.1,00,000/- for the offence punishable under Section 21 (c) of NDPS Act and in default of payment of fine SI for a period of six months.

4. Counsel for the appellant submits that the applicant has already undergone 5 years and 2 months including 15 months after conviction.

So, as on date, the applicant has already undergone around four years of the sentence.

5. It is not in dispute that the applicant was convicted on 29.07.2019 and he has completed more than 15 months in jail after the conviction order was passed.

6. In this regard, learned counsel for the applicant has relied upon the decision of the Division Bench of Punjab & Haryana High Court in the case of Daler Singh Vs. State of Punjab: 2006 SCC OnLine P&H 1591, whereby it has been held as under:

"29. We, therefore, feel that keeping in view the spirit of Article 21, the following principles should be adopted for the release of the prisoners (convicts) on bail after placing them in different categories as under:--

(i) Where the convict is sentenced for more than ten years for having in his conscious possession commercial quantity of contraband, he shall be entitled to bail if he has already undergone a total sentence of six years, which must include atleast fifteen months after conviction.

(ii) Where the convict is sentenced for ten years for having in his conscious possession commercial quantity of the contraband, he shall be entitled to bail if he has already undergone a total sentence of four years, which must include atleast fifteen months after conviction.

(iii) Where the convict is sentenced for ten years for having in his conscious possession, merely marginally more than non-commercial quantity, as classified in the table, he shall be entitled to bail if he has already undergone a CRL.A. 76/2020 Page 2 of 4 total sentence of three years, which must include atleast twelve months after conviction

(iv) The convict who, according to the allegations, is not arrested at the spot and booked subsequently during the investigation of the case but his case is not covered by the offences punishable under section 25, 27-A and 29 of the Act, for which in any case the aforesaid clauses No. (i) to (iii) shall apply as the case may be, he shall be entitled to bail if he has already undergone a total sentence of two years, which must include at least twelve months after conviction."

7. In the case of Mohd. Arif alias Guddu vs. State NCT of Delhi in Crl.A.293/2017 vide order dated 19.05.2020 and Nanhe Lal vs. State in Crl.A.1671/2014 vide order dated 05.06.2020, this Court after placing reliance on the aforesaid decision has taken the similar view that where the convict is sentenced to ten years of imprisonment for having in his conscious possession commercial quantity of the contraband, he shall be entitled to bail if he has already undergone a total sentence of four years, which must include at least fifteen months after conviction.

8. In view of above and the fact that hearing of appeal shall take substantial time, this Court is inclined to suspend the sentence of appellant during the pendency of the appeal.

9. Accordingly, he shall be released on bail on his furnishing personal bond in the sum of Rs.25,000/- with one surety in the like amount to be furnished before the Jail Superintendent concerned.

10. Applicant shall not involve himself in any other case and in the event of any report against him, this Court would consider the desirability CRL.A. 76/2020 Page 3 of 4 of cancelling the suspension of sentence. Applicant shall also ensure his presence at the time of hearing of the appeal.

11. The application is, accordingly, allowed and disposed of.

12. Copy of this order be transmitted to the Jail Superintendent concerned and Trial Court for information and necessary compliance.

SURESH KUMAR KAIT, J MARCH 01, 2021 ab CRL.A. 76/2020 Page 4 of 4