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HC suspends sentence of heroin convict pending appeal
Shimla, June 8,
Himachal Pradesh High Court has suspended the jail sentence of a man convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possessing 11.620 grams of heroin, pending the hearing of his appeal.
Justice Rakesh Kainthla passed the order while hearing an application filed by Muntzir, who was convicted by the Special Judge-I, Sirmaur, at Nahan.
The trial court had sentenced him to four years of rigorous imprisonment and imposed a fine of Rs 15,000 after finding him guilty under Section 21 of the NDPS Act.
While considering the plea for suspension of sentence, the High Court noted that the Central Government has classified 5 grams of heroin as a small quantity and 250 grams as a commercial quantity.
The court observed that a person possessing 250 grams of heroin can be punished with imprisonment up to 10 years.
It held that, prima facie, awarding a four-year jail term for possession of 11.620 grams of heroin appeared disproportionate and raised an arguable issue for consideration in appeal.
The court accordingly suspended the substantive sentence during the pendency of the appeal. However, it directed the appellant to deposit the fine amount and furnish personal and surety bonds of Rs 50,000 before the trial court within four weeks.
He has also been directed to appear before the High Court whenever required and surrender before the trial court if the appeal is dismissed.
The High Court has received the trial court record and listed the criminal appeal for hearing in due course.Source: Himachal Pradesh High Court order dated June 5, 2026.
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