DASHRATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-appellant, Dashrath, has laid this third application for suspension of sentence under Sec. 389 Cr.P.C. By the instant application, the accused-applicant is seeking suspension of sentence awarded by Special Judge, NDPS Cases, Pratapgarh, by its judgment dated 28th of August, 2017.

(2.) First application for suspension of sentence was dismissed as not pressed on 22nd of January, 2018 and second too was dismissed as not pressed on 16th of August, 2018.

(3.) Pressing this third application for suspension of sentence, it is submitted by learned counsel that as per prosecution case, applicant was found in possession of contraband (opium) weighing 3.5 kgs on 8th of May, 2015 and on the same day samples were drawn, but the samples were dispatched for FSL examination on 14th of May, 2015 and received by the FSL on 15th of May, 2015. Learned counsel also submits that by not sending the samples to FSL within 72 hours, the Seizure Officer violated Standing Order No. 1/88 issued by Narcotics Control Bureau, more particularly its clause 1.13. Learned counsel contends that it was necessary to send the samples for examination within 72 hours to avoid any legal objection. Learned counsel submits that this sort of omission on the part of the prosecution was examined by the Supreme Court in Mohan Lal v. State of Punjab [AIR 2018 SC 3853] and the Court opined that investigation in cases relating to NDPS Act has to be carried out fairly in adherence of Art.21 of the Constitution. It is also pointed out that the Court has deprecated whimsical process of investigation. Learned counsel further submits that this aspect has not at all been considered by the learned trial Court while indicting and sentencing the applicant appellant for the charged offence.