MUKESH DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant third application for suspension of sentence is preferred on behalf of the appellant-applicant Mukesh Das, who has been convicted and sentenced by learned Special Judge, NDPS Cases No. 2, Chitttorgarh vide judgment dtd. 30/5/2017 passed in Sessions Case No. 178/2014 (16/2013).

(2.) Learned counsel Mr. M.L. Bishnoi, representing the appellant-applicant, urges that the sampling procedure adopted by the Investigating Officer at the time of effect the seizure is contrary to the mandatory requirements of law. He further submits that the appellant is in custody for last nearly six years and two months and the hearing of the appeal is not likely in the near future. The accused-appellant does not have any criminal antecedents. The maximum sentence awarded to the appellant is of 10 years and as such, as per Mr. Bishnoi, the appellant deserves indulgence of bail during the pendency of appeal.

(3.) Learned Public Prosecutor, on the other hand, vehemently and fervently opposed the submissions advanced by the appellant's counsel. However, he too is not in a position to dispute the fact that from the sentence of 10 years awarded to the appellant, he has suffered the actual imprisonment of nearly six years and two months.