KANHAIYA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard on application for suspension of sentence.

(2.) It is contended by leaned counsel for the applicants that applicant No.1 is convicted for offence under Sections 8 / 18 and 8 / 25 of the NDPS Act, whereas applicant No.2 is convicted for offence under Section 8 / 18 of the NDPS Act. It is argued by learned counsel that maximum sentence handed down by learned trial Court to both the applicants is four years' rigorous imprisonment. He further contends that although applicant No.1 is handed down sentence of four years' imprisonment for both the offences but the same shall run concurrently. Learned counsel further argued that during trial both the applicants were on bail and final decision in the appeal is likely to take considerable time. With these submissions, learned counsel has prayed that looking to quantity of contraband (opium) recovered in the matter, which was less than commercial quantity, sentenced awarded by learned trial Court to both the applicants be suspended.

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