Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 426--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)--Conviction and sentence--Sentence was short--Suspension--When sentence was short and there was no likelihood of fixation of main appeal in near future--Petition was allowed. ORDER Through this application under Section 426, Cr.P.C. Shafique Masih alias Mian Masih, petitioner/appellant has sought suspension of his sentence awarded to him by the learned Additional Sessions Judge, Vehari vide judgment dated 3.12.2014 whereby he was convicted twicely under Section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced to imprisonment for four years with fine of Rs. 15000/- or in case of default to undergo further imprisonment for four months S.I. and one year R.I. with fine of Rs. 5000/- or in case of default to undergo further simple imprisonment for three months vide FIR No. 158 dated 26.4.2013 registered at Police Station City, Vehari. Benefit of Section 382-B, Cr.P.C. was, however, extended to the petitioner/appellant. 2. Learned counsel the petitioner-appellant has argued that the prosecution has not been able to prove its case beyond any reasonable shadow of doubt; that the sentence is short and that there is no likelihood of the fixation…

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