GANI MOHAMMAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the accused appellants and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dtd. 26/9/2019 passed by Special Judge (N.D.P.S. cases) Bhawanimandi, Jhalawar in Sessions case No. 36/2016(old No. 15/2014) whereby the accused appellants has been convicted for the offence punishable under Sec. 8/18 of NDPS Act and have been sentenced with maximum of twenty years rigorous imprisonment along with fine of Rs.2,00,000.00 as well as under Sec. 8/21 of NDPS Act and have been sentenced with maximum of twenty years rigorous imprisonment along with fine of Rs.2,00,000.00.

(2.) Learned counsel for the appellants vehemently submits that the mandatory provisions of NDPS Act have not been complied with, thus, on this count, the recovery of the contraband is vitiated. The appellants has spent last 8 years and 9 months in custody, if they is not released on bail the very purpose of filing the appeal would be frustrated. He places reliance on the judgment dtd. 27/8/2022 passed by this Court in SB Criminal Miscellaneous II Bail Application No. 12906/2022 titled as Suraj Vs. State of Rajasthan as well as on the judgment passed by Hon'ble the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation reported in (2021) 10 SCC 773 to support his argument that looking to the long period of incarceration, the sentence of the applicant deserves to be suspended. As the hearing of the appeal will take long time to conclude, therefore, learned counsel for the appellants submits that the sentence awarded to the accused-appellants may be suspended.

(3.) Learned Public Prosecutor vehemently opposes the prayer made by learned counsel for the accused-appellants and submits that the matter pertains to recovery of 15 kilograms of opium and 250 grams of smack 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 petitioner has suffered imprisonment for almost 8 years and 9 months.