BHAGIRATH Vs. STATE

JUDGEMENT

(1.) Applicant-appellant has laid an application under Section 389 Cr.P.C. seeking suspension of sentence handed down by Special Judge, NDPS Cases No.2, Chittorgarh in Sessions Case No.177/14 (75/13) convicting him for offence under Sections 8 / 15 , 8 / 18 of the NDPS Act, Section 420 IPC and Section 3 / 25 of the Arms Act. Learned trial Court, by the impugned verdict, handed down sentence of different denominations, for the aforesaid offences, as under:-

(2.) It is argued by learned counsel for the applicant that during trial applicant was in custody and by this time he has already served sentence for more than four years and ten months. Learned counsel further submits that the Seizure Officer, while undertaking proceedings for search and seizure, was not posted SHO of the concerned police station. While referring to the statement of Seizure Officer P.W.15, learned counsel contends that he himself has admitted that on the crucial day one Chiman Singh was the SHO of concerned police station. Further relying on the statement of P.W.15, learned counsel submits that requisite procedure was not followed by the Seizure Officer while drawing samples, inasmuch as, out of 17 gunny bags, containing 415 Kg Poppy straw, 100 grams of poppy straw was collected from each bag and thereafter the same was mixed and two samples of 500 grams each were prepared and rest 700 grams was sealed in a different packet. It is argued by learned counsel for the petitioner that while drawing samples the Seizure Officer has flagrantly violated the instructions issued in this behalf by the State Government and in gross violation of the verdict of this Court in Netram Vs. State of Rajasthan : 2014(2) WLN 394 (Raj.) and Nagu Singh Vs. State of Rajasthan : 2016(3) WLN 310 (Raj.). It is with this arguments, learned counsel has carved for suspending the sentence. Learned counsel further submits that there is no criminal antecedent of the appellant showing his involvement in any offence under the NDPS Act .

(3.) Learned Public Prosecutor has vehemently opposed the application for suspension of sentence.