SAFFIRU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant-applicant and perused the judgment and order impugned. Admit. Issue notice. Mr. JPS Chaudhary, Public Prosecutor appearing for the State, accepts the notice. Heard on the application for suspension of sentence. It is contended by the learned counsel for the appellant-applicant that only 60 grams of opium alleged to have been recovered from the appellant-applicant and there is noncompliance of the provisions of Section 50 of the NDPS Act.

(2.) Be that as it may, without commenting on the merit of the case and having regard to the facts and circumstances of the case, I think is just and proper to suspend the substantive sentence of imprisonment awarded to the appellant-applicant.

(3.) Accordingly, the bail application filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentence of imprisonment passed by the Special Judge, NDPS Act Cases, Chittorgarh, vide judgment dated 8-5-2006 in Sessions Case No. 61/1998 against appellant-applicant Saffiru S/o Hamid Ansari shall remain suspended till final disposal of the aforesaid appeal, provided he executes a personal bond in the sum of Rs.20,000/- with two sureties of Rs.10,000/- each to the satisfaction of the learned trial Judge for his appearance before this Court on 12-7-2006 and whenever ordered to do so with the incorporation in the bond that as and when he will shift his place of residence, he will intimate to this Court and his lawyer about his new place of residence.