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2023 Supreme(Raj) 81

ASHOK KUMAR JAIN
Arun Kumar Pandey S/o Jaleshwar Pandey – Appellant
Versus
Union Of India, Through PP. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Vishal Pareek for Mr. Arun K. Pandey, Mr. R.S. Gurjar, Mr. P.L. Saini
For the Respondent: Mr. Tej Prakash Sharma, Special Public Prosecutor

ORDER :

1. Present application for suspension of sentence in present appeal, filed against order of conviction and sentence dated 18.08.2018 in Sessions Case No. 25/2017, passed by learned Special Judge (NDPS Cases), Dausa is filed on behalf of appellant.

2. Learned counsel for appellants submitted that the trial Court has grossly erred in convicting and sentencing the accused appellants. He submitted that the seizure memo clearly indicated that in each gunny bag, 10-20 small packets were there and officer who was conducting seizure had not collected samples from all bags. He further submitted that the mandatory provisions of NDPS Act were again violated and no proceedings took place at the spot which was admitted by the witnesses before the learned trial court. He further submitted that the information of transportation of illicit contraband goods was received well in advance but no efforts were made to obtain search and seizure warrant from the Magistrate. Moreover, no chance was offered to present appellants for their search before any Gazetted officer or Magistrate. He for that submitted that accused have already undergone sentence for more than 6 years and maximum punishment in

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