JAY PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant second application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dtd. 16/11/2022 passed by the learned Special Judge, NDPS Cases, Pratapgarh in Sessions Case No. 01/2019 whereby he was convicted under Sec. 8/15of the NDPS Act and sentenced to suffer 20 years rigorous imprisonment along with a fine of Rs.2,00,000.00 and in default to further undergo two years' rigorous imprisonment. His first application for suspension of sentence was dismissed as not pressed by this Court vide order dtd. 13/4/2023 passed in S.B. Criminal Misc. Suspension of Sentence Application No. 1227/2022 but a liberty was granted to him to renew the prayer if the appeal is not heard within a reasonable period. Hence, the instant application for suspension of sentence.

(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. He submitted that the Seizing Officer collected the samples from the spot and sent to the FSL for its examination thus, Sec. 52-A of the NDPS Act has not been complied with. He placed reliance on the Petition(s) for Special Leave to Appeal (Crl.) No(s) 2893/21 titled Manohar Lal Ainani Vs. State of Rajasthan and Anr., wherein it was held vide order dtd. 15/11/2021 that looking to the prolonged custody period of the petitioner, bail shall be granted to him in that matter. In another landmark judgment of Satender Kumar Antil Vs. Central Bureau of Investigation & Ors., reported in AIR 2022 SC 3386, the aforesaid aspect has been reiterated. 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.