(1.) Heard on I.A. No.3374/2024, which is first application filed under Sec. 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of appellant - Ramkishan.
(2.) Learned Trial Court has convicted the appellant under Sec. 8/15(b) of the NDPS Act and sentenced him to undergo RI for 03 years with fine of Rs.50,000.00 with default stipulation, vide judgement of conviction and order of sentence dtd. 26/10/2023 passed by the Special Judge, NDPS Act, Jawad, District Neemuch in Special NDPS Case No.67/2017.
(3.) As per prosecution case, on 6/6/2017, appellant was found having and transporting 42 kgs. of Poppy Straw in Alto Car bearing registration No.RJ26-CA-4825, without having any valid license or authority. The police had seized the aforesaid contraband and vehicle from the possession of the appellant. Accordingly, a crime was registered against him.