BHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for the appellant-applicant has invited my attention to EX.P/19, a copy of the Malkhana Register, as also the statement of PW 18 Praveen Chand, who carried the contraband opium sample to State Forensic Science Laboratory on various occasions and according to him, the same was objected by the FSL. Learned counsel for the appellantapplicant submits that PW 18 Praveen Chand stated that he deposited the sample packets returned by the FSL with the Malkhana on 1-2-2002 and thereafter it was again taken to FSL on some other date. The Malkhana Register does not show deposit of the sample on 1-2-2002.

(2.) Admit. Issue notice. Mr. JPS Chaudhary, Public Prosecutor appearing for the State, accepts the notice. Heard on the application for suspension of sentence. Having regard to the facts and circumstances of the case and keeping in view the arguable point involved in the appeal and the contraband opium alleged to have been recovered is much below the commercial quantity, I think is just and proper to suspend the substantive sentence of imprisonment and the sentence of fine beyond Rs. 20,000/- 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 and the sentence of fine beyond Rs.20,000/- passed by the Special Judge, NDPS Act Cases, Sirohi, vide judgment dated 7-3-2006 in Special Case No. 16/2002 against appellantapplicant Bhan Singh S/o Sawai Singh 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.