Pema Kusang Vs State of Hp — Narcotics (NDPS) | Himachal Pradesh HC (2026)

Pema Kusang Vs State of Hp — Narcotics (NDPS) | Himachal Pradesh HC (2026)

What the court decided

AI extract

Outcome

Delay in maintaining the accompanying appeal condoned and the condonation application disposed of; appeal directed to be registered and admitted with post-admission service waived by the State. In the suspension-of-sentence application under Section 430 BNSS 2023, the substantive sentence of two years' rigorous imprisonment and fine of Rs. 10,000/- under Section 21 (b) NDPS Act, 1985 imposed by the learned Special Judge Mandi (CIS registration No. 22 of 2020, judgment dated 24.4.2026) is suspended during the pendency of the appeal and the applicant/appellant ordered to be released on bail on personal bond of Rs.50,000/- with one surety of the like amount within six weeks, subject to conditions of appearance as directed, surrender to serve the sentence if the appeal is dismissed, and deposit of the entire fine before the trial Court; application disposed of.

Issue for consideration

Whether the delay in maintaining the accompanying appeal, which is barred by limitation, should be condoned. +1 more

Court's answer

The delay in maintaining the accompanying appeal was neither intentional nor willful and occurred on account of circumstances completely beyond the control of the applicant; the delay being sufficiently explained, it is condoned and the application disposed of.

Ratio / Principle

On perusal of the grounds taken in the appeal vis-a-vis the impugned judgment, the Court found merit in the contention that there are arguable points involved in the appeal and, considerable time being likely to be consumed in the conclusion of the appeal, the prayer for suspension of sentence during the pendency of the appeal deserves to be allowed.

Key takeaways

The substantive sentence imposed by the learned Special Judge Mandi in CIS registration No. 22 of 2020 (judgment dated 24.4.2026) is suspended during the pendency of the appeal and the applicant/appellant is ordered to be released on bail subject to his furnishing personal bond in the sum of Rs.50,000/- with one surety of the like amount.ratio¶18
The bond is to be furnished to the satisfaction of the trial Court within a period of six weeks, with the conditions that the applicant shall appear in the Court as and when directed and shall surrender to serve out the sentence imposed in case his appeal is ultimately dismissed.ratio¶18

Detailed headnote1 paragraphs

Criminal motion petition (Cr.MP(M) No.1314 of 2026, decided 20.07.2026, Sandeep Sharma, Judge): (i) application for condonation of delay in maintaining an appeal barred by limitation allowed - delay held neither intentional nor willful, arising from circumstances wholly beyond the applicant's control and sufficiently explained; appeal admitted, post-admission service waived by respondent-State; (ii) application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence and bail allowed on the finding that arguable points are involved in the appeal - the substantive sentence of two years' rigorous imprisonment and fine of Rs. 10,000/- under Section 21 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 imposed by the learned Special Judge Mandi (CIS registration No. 22 of 2020, judgment dated 24.4.2026) suspended during the pendency of the appeal; applicant/appellant Pema Kusang ordered released on personal bond of Rs.50,000/- with one surety of the like amount within six weeks, subject to conditions of appearing in Court as directed, surrendering to serve the sentence if the appeal is ultimately dismissed, and depositing the entire fine before the trial Court; downloaded copy of the order accepted without insisting on certified copy.