SAHJAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant interlocutory application has been filed under Sec. 430(1) of Bhartiya Nagarik Suraksha Sanhita, 2023 on behalf of the appellant, for suspension of sentence dtd. 20/3/2024 passed in N.D.P.S. Case No.10 of 2023 arising out of Sadar P.S. Case No.40 of 2023 by the learned Special Judge, N.D.P.S. Act, Palamau at Daltonganj, whereby and whereunder the appellant has been sentenced for the offence under Sec. 15(C) of the N.D.P.S. Act to undergo rigorous imprisonment for 20 years along with fine of Rs.2,00,000.00 and in default of payment of fine, further R.I. for six months.

(2.) Mr. Chandan Kumar, learned counsel appearing for the appellant, at the outset, has submitted that earlier also interlocutory application, being I.A. No.4416 of 2024, for suspension of sentence was filed, but the same was dismissed as not pressed, as would be evident from order dtd. 26/3/2025.

(3.) He has submitted that it is a case where the entire prosecution version is fit to be vitiated on the ground of non-compliance of the process of sampling as provided under Rule 10 of the N.D.P.S. (Seizure, Storage, Sampling and Disposal) Rules, 2022 (hereinafter to be referred as the N.D.P.S. Rules, 2022).