BALJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Lawyers are abstaining from appearance before the court. The instant application for suspension of sentence has been moved in connection of the judgment impugned dtd. 8/9/2017 passed by Learned Additional Sessions Judge, Bhadra, Dist. Hanumangarh in Sessions case No. 31/2016 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 twenty years rigorous imprisonment along with fine of Rs.2,00,000.00 and lesser punishment for the offence under Sec. 205 of IPC.

(2.) The wife of the appellant-applicant is present in person before this court and she submits the mandatory provisions of NDPS Act have not been complied with, thus, on this count, the recovery of the contraband is vitiated. Samples from each of the four bags were drawn for testing, however, those samples were mixed together and thereafter, two samples of one kilogram each were sent for FSL. Since samples from each of the bags were not separately sent for testing, it cannot be said with utmost certainty that each of the bags contained poppy husk and that the quantity of the recovered contraband is 140 kilograms. The appellant has spent last 7 years and 10 months in custody, if he is not released on bail the very purpose of filing the appeal would be frustrated.

(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 140 kilograms of poppy husk and the judgment of conviction passed by learned Court below does not warrant any interference. The impediment contained under Ss. 32-A and 37 of NDPS, Act will be attracted in the factual situation of the present case. Heard and perused the material available on record as well as gone through the statutory provisions applicable in the matter.