ORDER :

Sandeep Mehta, J.

1. The instant application for suspension of sentence under Section 389 Cr.P.C. has been preferred on behalf of the appellant-applicant Sashi S/o Sh. Nikku Ram, who has been convicted and sentenced for the offence under Section 8/18 of the NDPS Act vide the judgment dated 27.01.2020 passed by the learned Special Judge, NDPS Act Cases, Deedwana, District Nagaur in Sessions Case No. 28/2016 (1/2016).

2. Heard learned counsel for the parties and perused the material available on record.

3. The appellant is in custody in this case since 25.06.2015. The recovery of contraband was made by the team of CBN from a Tavera vehicle (No. PB-29-G-7660) being driven by the appellant herein. It is alleged that 30 packets of suspected opium weighing about 500 gms each were found concealed in a secret chamber constructed in the vehicle. However, while drawing the samples, Seizure Officer created 3 batches of 10 packets each and then drew 6 mixed samples from these three batches. The contention of learned counsel Shri Charan is that this procedure of sampling as adopted by the Seizure Officer is totally illegal and even if it is presumed that analysis of samples by the FSL gave