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2019 Supreme(Raj) 2132

SANDEEP MEHTA
Nirmal Kumar – Appellant
Versus
State – Respondent


Advocates Appeared:
Deepak Menaria, Advocate, Farzand Ali, Advocate, Gaurav Singh, Advocate

JUDGMENT

Sandeep Mehta, J. - Heard learned counsel for the applicant-appellant and learned Public Prosecutor on the application for suspension of sentences.

2. The applicant-appellant herein has been convicted for the offences under Sections 8/20 and 8/22 of the NDPS Act vide judgment dated 11.12.2019 passed by the learned Special Judge NDPS Act Cases, Udaipur in Special Sessions Case No.406/2011 and has been sentenced to maximum imprisonment of two years' RI.

3. The appellant-applicant is a 62 years old man and was on bail during trial. As per the judgment rendered by the trial court, the appellant does not seem to have any criminal antecedents. He has been sentenced to two years RI on the count of offences under Sections 8/20 and 8/22 of the NDPS Act with the allegation that he was found in possession of 2.88 Kgs. Ganja, which is well below the commercial quantity. Hearing of the appeal is likely to consume time.

4. In this background and having regard to the entirety of facts and circumstances as emerging from record, without commenting on the merits of the case, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused-appellant during p

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