JEEVAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for suspension of sentence has been moved in connection of the judgment impugned dtd. 18/11/2021 passed by Learned Special judge, NDPS Act cases No.2, Dist. Chittorgarh in Sessions case No. 109/2014 whereby the accused appellant has been convicted for the offences punishable under Sec. 8/15 of NDPS Act and he has been sentenced with maximum of ten years rigorous imprisonment along with fine of Rs.1,00,000.00.

(2.) Learned counsel for the accused-appellant submits that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court being the first appellate Court. The other co-accused person namely Nanalal has already been released on bail by the coordinate bench of this court vide order dtd. 2/2/2018 and the case of the appellant is on better footing than that of Nanalal. It is the admitted case of the prosecution that neither the petitioner was found present at the crime scene nor any incriminating material or contraband was recovered from his possession. There is not an iota of evidence to show or suggest the complicity of the petitioner in commission of the crime. The alleged recovery has not been made from his exclusive and conscious possession. Hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.

(3.) Per contra, learned Public Prosecutor vehemently opposes the prayer made by representative for the accused-appellant and submits that the matter pertains to recovery of 744 kilograms of poppy husk and the judgment of conviction passed by learned Court below does not warrant any interference. As per the custody certificate submitted by learned Public Prosecutor, the appellant has suffered imprisonment for almost 5 years. The impediment contained under Ss. 32-A and 37 of NDPS, Act will be attracted in the factual situation of the present case.