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2019 Supreme(Raj) 2507

P.K. LOHRA
Ratan Lal – Appellant
Versus
State of Rajasthan, Through PP – Respondent


Advocates Appeared:
Mr. S.S. Shaktawat, Advocate, for the Appellant; Mr. K.V. Vyas, PP, for the Respondent

JUDGMENT

1. Appellant-applicant has preferred this second application under Section 389 Cr.P.C. seeking suspension of sentence handed down by the Special Judge, NDPS Cases No. 1, Chittorgarh (for short, learned trial Court) in Sessions Case No. 7/2008. Learned trial Court by the impugned judgment indicted the appellant for offence under Section 8 read with Section 15(c) of the NDPS Act and awarded sentence of ten years rigorous imprisonment with fine of Rs. 1 lakh. In default of payment of fine to undergo sentence of two years rigorous imprisonment.

2. Instant appeal is pending since 2017. First application for suspension of sentence laid on behalf of appellant was nixed by this Court on 20th of April 2018 as not pressed.

3. Pressing this second application for suspension of sentence, learned counsel for the appellant has essentially harped on prolonged custody of the appellant as according to him, appellant has served sentence of more than four years out of total sentence of ten years rigorous imprisonment. It is also urged by learned counsel that Seizure Officer, while drawing samples of the contraband (poppy straw), has resorted to an absolutely laconic method inasmuch as the entir

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