Suspension of sentence pending appeal under the NDPS Act was granted where substantial custody had already been undergone.

Suspension of sentence and bail pending appeal were considered appropriate under the NDPS Act where the convict had already undergone more than five years of a ten-year sentence and the appeal was unlikely to be heard soon. The Court treated the request as ancillary to the pending appeal and did not examine the merits at that stage. It held that the objection based on Section 37 did not bar interim relief on these facts, and granted suspension of sentence and bail during the pendency of the appeal.

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Issues: Whether the sentence of a convict under the Narcotic Drugs and Psychotropic Substances Act should be suspended and bail granted during pendency of the appeal when a substantial part of the sentence has already been undergone and the appeal is unlikely to be heard in the near future.

Analysis: The appellant produced custody particulars showing that more than five years of the ten-year sentence had already been undergone. The appeal remained pending before the High Court and early hearing appeared remote. The Court considered these circumstances sufficient to justify suspension of sentence during the pendency of the appeal, notwithstanding the objection based on Section 37 of the Narcotic Drugs and Psychotropic Substances Act, since the relief sought was ancillary to the pending appeal and the merits were not being examined.

Conclusion: Suspension of sentence and bail during the pendency of the appeal were granted in favour of the appellant.

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