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FARJAND ALI
Dayaram Chouhan S/o Shri Sahbali Chouhan – Appellant
Versus
Union of India – Respondent
ORDER :
1. The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 15.11.2017 passed by the learned Special Judge, NDPS cases, Bhilwara in Sessions Case No. 25/2016 whereby he was convicted and sentenced to suffer maximum imprisonment of 14 years under Section 8/21 of NDPS Act.
2. Learned counsel for the appellant submits that the provision of Section 57 NDPS Act has not been complied with and no Rajnamcha report has been produced in the trial despite the fact that the police party was having information regarding the transportation of the contraband. Likewise, serious questions have been raised with regard to the compliance of Section 42 of the Act, which is mandatory in nature.
3. He further submits that the appellants has spent last 7 years in custody, if they is not released on bail the very purpose of filing the appeal would be frustrated. He places reliance on the judgment passed by Hon'ble the Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation, (2021) 10 SCC 773 to support his argument that looking to the long period of incarceration, the sentence of the applicant deserves to be suspende
Point of Law : Non-compliance of mandatory provisions of NDPS Act has to be dealt with a strict hand and it is imperative upon courts to be cautious while adjudicating such matters where seizure is c....
Point of Law : Statement under Section 67 cannot be relied upon but herein, Court are not considering to rely upon statement under Section 67 of NDPS Act, thus judgment is also not applicable in this....
The court established that non-compliance with procedural requirements under the NDPS Act can render evidence inadmissible, and prolonged incarceration can be a valid ground for suspending a sentence....
Compliance with Section 52-A of the NDPS Act is essential for the validity of seizure and evidence, impacting the court's decision on bail and sentence suspension.
Sentence can be suspended and bail granted to accused where hearing of appeal is likely to take further more time.
Non-compliance with Section 52A of the NDPS Act in evidence collection can lead to suspension of sentence, especially when prolonged custody and delays in appeal hearings are present.
Non-compliance with mandatory provisions of the NDPS Act can undermine the prosecution's case, warranting a thorough re-assessment of evidence by the appellate court.
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