RANJIT KUMAR YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second suspension of sentence application has been filed under Section 389 Cr.P.C. by the petitioner for suspension of execution of sentence imposed by the Special Judge, NDPS Cases Jaipur City Jaipur in Sessions Case No. 21 of 2002. The accused appellant was convicted under Sec. 8 /20 of the NDPS Act and sentenced to undergo R1 of 10 years with fine of Rs. 1.00 lac and in case of default to further undergo SI of one year. Brief facts of the case are that on 21.4.2005 SHO Police Station GRP Jaipur during the patrolling at Railway Station Jaipur recovered two bags of Cannabis (Gaanja) (Poppy husk) weighing 10 kilogram from the accused appellant on the basis of which he lodged FIR No. 53 of 2005 on the same day, and arrested the accused appellant and after conclusion of investigation filed charge sheet on 12.5.2005 before the trial court i.e. court of Special Judge NDPS Cases Jaipur where a criminal case No. 21/2005 was registered. The trial court framed charge under Section 8 /20 of the NDPS Act against the accused and after recording the statements of the prosecution witnesses and exhibiting documents P1 to P 21, and statement of the accused petitioner under Section 313 Cr.P.C. and after hearing the arguments found the accused petitioner guilty of Section 8 /20 NDPS Act and sentenced him as mentioned above.

(2.) The appellant filed first suspension application along with the appeal and the said application was rejected by this court after hearing both the counsel i.e. the learned counsel for the petitioner and the Public Prosecutor. This court while rejecting the bail application observed as under:

(3.) Mr. Anil Upman, learned counsel appearing for the accused appellant has contended that the accused petitioner is in judicial custody since 21.4.2005. He has further contended that approximately he is in jail for the last 7 years and his sentence should be suspended. He has placed reliance on Man Singh vs. Union of India, 2004 13 SCC 42.