SHIVRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dtd. 11/3/2022 passed by the learned Special Judge, NDPS Act Case No.2, Chittorgarh in Sessions Case No.78/2014 (23/2011) whereby he was convicted and sentenced to suffer maximum imprisonment of ten years' rigorous imprisonment along with a fine of Rs.1,00,000.00 under Sec. 8/25 of NDPS Act.

(2.) It is contended on behalf of the applicant 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. Learned counsel for the appellant submits that there is no evidence even for the namesake for establishing the fact that the appellant was having knowledge regarding alleged transport of contraband in contravention of the provision contained in NDPS Act. Even he is not the registered owner of the vehicle. He is booked and tried in this matter only on being son of the registered owner. However, the registered owner failed to establish the fact that at the relevant point of time, the vehicle was being plied under the instruction of the appellant. He is behind the bars since last three years and nine months and there is not likelihood of hearing of the appeal within a short span. He was on bail during trial and did not misuse the liberty so granted to him. Admittedly, the appellant was not present at the time of recovery, 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 has vehemently opposed the prayer made on behalf of the accused-applicant for releasing the appellant on application for suspension of sentence.