MUKESH KUMAR SAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the applicant-appellant and learned Public Prosecutor on the application for suspension of execution of sentence. Perused the material available on record.

(2.) The applicant-appellant herein has been convicted for offence under Ss. 8/21 and 8/22 of NDPS Act vide judgment dtd. 6/6/2024 passed by learned Special Judge, NDPS Cases Alwar, (Raj.) in Criminal Regular Case No. 01/2023 (CIS No. 2/2023) and has been sentenced to maximum punishment of ten years.

(3.) Learned Counsel for the applicant submits that learned Trial Court has erred in convicting and sentencing the applicant as mentioned above. Learned Trial Court has not appreciated the evidence in right and correct perspective. Counsel submits that work of drawing sample was not done in accordance with the provisions of sub-sec. (2) of Sec. 52A of NDPS Act. He submits that there is total non-compliance of this provision of law. However, the learned Trial Court failed to consider this aspect of the matter in right way and recorded convcition of the accused. It further, no separate memo under Sec. 42 of the NDPS Act was prepared by the Investigating Officer recording his reasons of belief for making the search and seizure proceedings in night time. During trial, the accused appellant was on bail. He did not misuse the liberty of bail. However, presently, the appellant is in custody. He argues that there is no immediate prospect of early hearing and disposal of the appeal.