DAYARAM CHOUHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dtd. 15/11/2017 passed by the learned Special Judge, NDPS cases, Bhilwara in Sessions Case No.25/2016 whereby he was convicted and sentenced to suffer maximum imprisonment of 14 years under Sec. 8/21 of NDPS Act.

(2.) Learned counsel for the appellant submits that the provision of Sec. 57 NDPS Act has not been complied with and no Rajnamcha report has been produced in the trial despite the fact that the police party was having information regarding the transportation of the contraband. Likewise, serious questions have been raised with regard to the compliance of Sec. 42 of the Act, which is mandatory in nature.

(3.) He further submits that the appellants has spent last 7 years 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 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 accusedappellants may be suspended.