GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second application for suspension of sentences under Section 389 Cr.P.C. has been preferred on behalf of the appellantapplicant Gopal S/o Shri Gautam who has been convicted and sentenced for the offence under Section 8/18 of the NDPS Act by learned Special Judge, NDPS Case, Banswara vide judgment dated 09.03.2021 passed in NDPS Case No.03/2012.

(2.) Heard learned counsel for the appellant-application, learned Public Prosecutor and perused the material available on record.

(3.) The first application for suspension of sentences was dismissed as withdrawn because the details of the previous cases registered against the appellant were not available with his counsel. A certified copy of the judgment dated 19.11.2003 has been placed on record as per which, the appellant was found in possession of 100 grams brown-sugar in the year 2001 and after the trial, he was sentenced to one year s imprisonment whereas he had served the actual sentence of nearly one year and nine months. In the present case, 280 grams of contraband opium was recovered which is well below the commercial quantity. The sentences awarded to the co-accused have been suspended by this Court.