JUDGMENT :

VIJAY BISHNOI, J.

1. This suspension of sentence application has been preferred on behalf of the applicant-appellant against the judgment dated 30.09.2015 passed by the Special Judge NDPS Cases No. 1, Chittorgarh (hereinafter to be referred as ‘the trial court’) in Sessions Case No. 22/2010, whereby the applicant-appellant has been convicted for the offences punishable under Sections 8/15 and 8/18 of NDPS Act and sentenced to undergo 20 years rigorous imprisonment along with fine.

2. Learned counsel for the applicant-appellant has submitted that the applicant-appellant was on bail during the trial, however, he is in custody since 30.09.2015. It is also submitted that the applicant-appellant is in jail from last more than six years. It is further submitted that from the Seizure Memo and the statements of the Seizure officer (PW-33), it is clear that the samples of the narcotic contraband were not take out separately from each bag. It is, therefore, submitted that as per the law laid down by this Court in the case of Netram vs. State of Rajasthan, 2014 (1) Cr.L.R. (Raj.) 163, the applicant-appellant can not be held guilty for possessing and transporting narcotic contraband ab