IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO 4160 OF 2024 (Arising out of SLP (Crl.) No. 7480 of 2024)
Om Prakash Singh … Appellant
Versus
Union of India … Respondent
O R D E R
1 Leave granted.
2 This appeal is at the instance of a convict-accused for the offence punishable
under the Narcotic Drugs and Psychotropics Substances Act (NDPS Act) and is
directed against the order passed by the High Court of Judicature at Patna dated
5th October, 2024 in Criminal Appeal (SJ) No. 3753 of 2022 by which the High
Court declined to suspend the substantive order of sentence of ten years’
rigorous imprisonment as imposed by the Trial Court pending the final disposal of
the Criminal Appeal.
3 It appears from the materials on record that the appellant herein along with the
co-accused was put to trial for the offence punishable under Section 20(b)(ii)(c)
of the NDPS Act. It is the case of the prosecution that at the relevant point of
time, the appellant herein was driving the truck in which the contraband was
clandestinely concealed and the co-accused was the cleaner in the truck. The
truck was intercepted and the appellant herein and co-accused were found to be
in conscious possession of 468 kgs of Ganja.
4 At the end of the trial, the Trial Court held the appellant herein guilty of the
2
alleged offence and sentenced him to undergo ten years of rigorous
imprisonment with fine.
5 The criminal a...