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2022 Supreme(Raj) 227

SANDEEP MEHTA
Manish S/o Sh. Nahar Singh Bachhda – Appellant
Versus
State Of Rajasthan, Through PP – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ramesh Purohit, Advocate.
For the Respondent: Mohd. Javed Gauri, PP.

JUDGMENT :

Sandeep Mehta, J.

1. This second application for suspension of sentences under Section 389 CrPC has been preferred on behalf of the appellant-applicant Manish who has been convicted and sentenced for the offence under Section 8/18 of the NPDS Act vide the judgment dated 15.06.2018 passed by learned Special Judge, NDPS Cases, Pratapgarh in Sessions Case No. 24/2016. He is in custody since 03.01.2016.

2. Heard learned counsel for the appellant-application, learned Public Prosecutor and perused the material available on record.

3. As per the prosecution case, the appellant was apprehend with contraband opium weighing 3.7 Kgs when the search was conducted by the SHO PS Arond. The first application for SOS preferred on behalf of the appellant was dismissed as withdrawn by this Court vide order dated 12.12.2019. The appellant has served actual sentence of more than six years whereafter this second application for SOS has been moved.

4. Learned Public Prosecutor was instructed to place on record the antecedent report of the appellant. As per the report received from the SHO Police Station Ringnod, District Ratlam and Police Station Arnod, no case other than the present one has been

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