NAND KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the convict-appellant and learned Public Prosecutor for the State on application under Sec. 389 of Crimial P.C. for suspension of sentence.

(2.) Learned counsel for the appellant submits that as per statements of PW.10, namely, R.B. Batra, the information under Sec. 42 of the NDPS Act was not recorded and neither the copy of secret information was sent to the concerned senior officers. He further submits that recovery was made from room No.21 of the "Maheshwari Dharamshala" but the keys of alimirah were recovered from room and not from the conscious possession of the present accused appellant. Learned counsel for the petitioner further submits that witnesses who entered the named of the present applicant in the register, they have not identified the present accused appellant and they have been declared hostile.

(3.) Per contra, Mr. Durga Ram, Advocate appearing on behalf of Mr. Kishan Singh Nahar, Special Public Prosecutor, opposed the bail (SOS) application. He submits that looking to the provisions of Sec. 37 of the NPDS Act, there is no infirmity in the judgment passed by the learned trial court, therefore, the accused appellant may not be released on bail. He further submits that quanitity of the contraband was of commercial quanitity.