HARI RAM 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. 18/2/2017 passed by Learned Special Judge, NDPS Act Cases, Jodhpur in Sessions case No. 58/2015 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.) The son of the appellant-applicant is present in person before this court and he submits the mandatory provisions of NDPS Act have not been complied with, thus, on this count, the recovery of the contraband is vitiated. The bags were emptied upon the tarpaulin and weighed together. The total weight of the admixture was 98 kilograms; out of which, two samples of one kilogram each, marked A (chemical sample) and B (control sample),were taken from the seized contraband for investigation and rest of the contraband was re-packed. 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 98 kilograms. The appellant has spent last 07 years and 06 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 98 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 7 years and 6 months. 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.