SANJAY KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Pressing this application for suspension of sentence, it is submitted by learned counsel for the applicant that during trial applicant was on bail. It is also submitted by learned counsel that pharmaceutical drugs, which were recovered from the appellant, namely; Lupigesic injection, Fortwin injection and Alprazolam if examined in the light of commercial quantity for each one under the NDPS Act , then only lupigesic injection was found to be above commercial quantity and other two drugs were containing narcotic substance less than commercial quantity. It is also argued by learned counsel that there is no previous conviction of the applicant for any offence much less offence under the NDPS Act . Learned counsel further submits that contents of Lupigesic injection was construed as narcotic substance in entirety by the learned trial Court whereas issue relating to narcotic substance in drug is to be construed cumulatively or after its segregation, is pending consideration before the Larger Bench of the Supreme Court. With these arguments, learned counsel submits that considering the fact that final adjudication of appeal is likely to take considerable time, sentence handed down to the applicant may be suspended.

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

(3.) I have bestowed my consideration to the arguments advanced at Bar, perused impugned judgment as well as entire record of the case.