MAHEBUBBHAI OSMANBHAI THEBA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of notice of rule for and on behalf of the respondent - State.

(2.) The present application has been preferred by the applicants-convicts (i.e. the original accused nos.1 to 4) under the provisions of Sec. 389 of the Code of Criminal Procedure, 1973, for suspension of sentence imposed upon them vide judgment and order of conviction and sentence dtd. 8/2/2024 passed by the learned Special (NDPS) Judge and 9th Additional Sessions Judge, Rajkot, in Special (NDPS) Case No.3 of 2018, for the offences punishable under Ss. 8(c), 20(b)(ii) (C), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the 'NDPS Act').

(3.) As per the jail remarks, the present applicants-convicts have undergone sentence of more than six years as on date.