MUKESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Applicant-Appellant, who is convicted for offence under Section 8/18 of the NDPS Act by learned trial Court, has preferred this second application for suspension of sentence under Section 389 Cr.P.C. Learned trial Court, by the impugned judgment dated 07.05.2016, while indicting applicant for offence under Section 8/18 of the NDPS Act, handed down sentence of 13 years' rigorous imprisonment with fine of Rs.1, 30, 000/- and in default of payment of fine to undergo sentence for one year's rigorous imprisonment.

(2.) The first application for suspension of sentence laid on behalf of applicant was dismissed as not pressed on 002017.

(3.) Arguing on this second application for suspension of sentence, it is submitted by learned counsel that during trial applicant remained in custody for three years, nine months and nineteen days and after verdict of conviction he has remained in custody for last about one year and nine months. He, therefore, submits that by this time he has undergone sentence of more than five years and six months. Learned counsel further submits that in view of the fact that applicant has undergone sentence for more than five years and six months and final adjudication of the appeal is likely to take considerable time, his second application for suspension of sentence merits favourable consideration. Learned counsel further submits that there is no other criminal record of the applicant showing his involvement in any other offence much less an offence under the NDPS Act.