SASHI Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant application for suspension of sentence under Sec. 389 CrPC has been preferred on behalf of the appellant-applicant Sashi S/o Sh. Nikku Ram, who has been convicted and sentenced for the offence under Sec. 8/18 of the NDPS Act vide the judgment dtd. 27/1/2020 passed by the learned Special Judge, NDPS Act Cases, Deedwana, District Nagaur in Sessions Case No.28/2016 (1/2016).

(2.) Heard learned counsel for the parties and perused the material available on record.

(3.) The appellant is in custody in this case since 25/6/2015. The recovery of contraband was made by the team of CBN from a Tavera vehicle (No. PB-29-G-7660) being driven by the appellant herein. It is alleged that 30 packets of suspected opium weighing about 500 gms each were found concealed in a secret chamber constructed in the vehicle. However, while drawing the samples, Seizure Officer created 3 batches of 10 packets each and then drew 6 mixed samples from these three batches. The contention of learned counsel Shri Charan is that this procedure of sampling as adopted by the Seizure Officer is totally illegal and even if it is presumed that analysis of samples by the FSL gave positive test for presence of opium, at best, it can be held that the recovered contraband weighed 1 Kg 470 gms. which is less than commercial quantity. He thus submits that the appellant has available to him strong grounds for assailing the impugned judgment. He has been in custody for more than half of the sentences awarded to him. He is ready and willing to deposit the amount of fine. Learned counsel Shri Charan submits that to his information, the appellant has no previous criminal antecedents. On these grounds, Shri Charan craves indulgence of bail for the appellant during the pendency of the appeal.