MANISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second application for suspension of sentences under Sec. 389 CrPC has been preferred on behalf of the appellant-applicant Manish who has been convicted and sentenced for the offence under Sec. 8/18 of the NPDS Act vide the judgment dtd. 15/6/2018 passed by learned Special Judge, NDPS Cases, Pratapgarh in Sessions Case No. 24/2016. He is in custody since 3/1/2016.

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

(3.) As per the prosecution case, the appellant was apprehend with contraband opium weighing 3.7 Kgs when the search was conducted by the SHO PS Arond. The first application for SOS preferred on behalf of the appellant was dismissed as withdrawn by this Court vide order dtd. 12/12/2019. The appellant has served actual sentence of more than six years whereafter this second application for SOS has been moved.