VENKATESHWAR RAO Vs. N.C.B., JODHPUR, JODHPUR

JUDGEMENT

(1.) The present application for suspension of sentences under Sec. 389 of the Code of Criminal Procedure has been preferred on behalf of the petitioner - Venkateshwar Rao who has been convicted and sentenced for 10 years imprisonment vide judgment and order dtd. 4/5/2019 passed by the learned Special Judge, NDPS Act Cases, Dungarpur in Sessions Case No.02/2015(CIS No.02/2015) for the offences punishable under Ss. 8/20, 8/25, 8/29 of the NDPS Act.

(2.) While arguing the application for suspension of sentence, learned counsel for the petitioner submitted that there was a violation of mandatory provisions of Sec. 57 of the NDPS Act and the Investigating Officer had not reported about seizure and arrest within 48 hours and thus, entire proceedings are vitiated. In support of his contention aforesaid, learned counsel for the petitioner relied upon the judgments of Hon'ble the Supreme Court rendered in the case of Mohinder Kumar v. The State, Panji, Goa reported in AIR 1995 SC 1157; and in the case of Sukhdev Singh v. State of Haryana reported in AIR 2013 SC 953.

(3.) It was also argued that the Investigating Officer has not taken samples at the time of recovery and the same were taken at the Police Station, which is contrary to the mandate and circular issued by the Central Government.