ABDUL ABID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has been convicted and sentenced as below vide Judgment dtd. 6/12/2019 passed by Special Judge, N.D.P.S. Cases (Additional Sessions Judge) Jaitaran, District Pali in Sessions Case No. 29/2016 (23/2014) :-

(2.) The appellant has moved this application under Sec. 389 Cr.P.C. seeking suspension of sentences awarded to him by the trial court.

(3.) Learned counsel for the appellant submits that the recovery of narcotic substance was not made from the possession of the appellant. He was convicted without any evidence on record. He further submits that as per the prosecution story, the narcotic substance was loaded at the behest of the appellant but there was no evidence on record in this regard. The appellant was not owner of the vehicle, from which the contraband poppy straw was recovered. The registered owner of the vehicle was Mahfooj Aalam. The appellant was involved in this case on the basis of so- called power of attorney executed by Mahfooj Aalam in favour of the appellant. He further submits that the trial court erred in convicting the appellant for the offences under Sections 8/15, 25 and 29 of the N.D.P.S. Act. He further submits that with intent to save the registered owner, the appellant was wrongly enroped in this case. In the above circumstances, he prays to allow this application for suspension of sentences.