ASHISH vs STATE NCT OF DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 16.09.2025 Pronounced on: 08.10.2025 + CRL.A. 677/2025 & CRL.M.(BAIL)1078/2025 ASHISH .....Petitioner Through: Mr. Karan Verma, Ms. Nayan Maggo, Mr. Yash Arora, Mr. Yuvraj Singh, Advs. Versus STATE NCT OF DELHI .....Respondents Through: Mr. Yudhvir Singh Chauhan, APP for the State with SI Anil, PS Seemapuri. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. CRL.M.(BAIL)1078/2025 (seeking suspension of sentence) 1. The present application is filed under Section 389(1) Cr.P.C. [Section 430 BNSS, 2023] by the appellant seeking suspension of sentence and release on bail during the pendency of Criminal Appeal No.677/2025 against the Judgement dated 27.01.2025 and Order on Sentence dated 28.01.2025 passed by Ld. Special Judge (NDPS), Shahdara, Karkardooma Courts, Delhi [“trial court”], for the offence CRL.A. 677/2025 Page 1 of 12 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:08.10.2025 15:08:38 punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 [“NDPS Act”], whereby the appellant was sentenced to Rigorous Imprisonment for 10 years with fine of Rs.1,00,000/-, in default to undergo further 6 months RI. Factual background 2. Prosecution case, briefly stated, is that on 22.06.2022, the appellant along with co-accused Mukesh Mishra was apprehended near Kalyan Hospital, Seemapuri, while carrying three bags containing commercial quantity of ganja. From the appellant, two bags were recovered containing 25.086 kg ganja, while co-accused namely Mukesh Mishra allegedly possessed 20.588 kg ganja. Subsequently, FIR No.532/2022 under Sections 20/29 NDPS Act was registered at PS Seemapuri, and both accused were arrested. 3. Upon completio