ASHOK KUMAR JAIN
Arun Kumar Pandey S/o Jaleshwar Pandey – Appellant
Versus
Union Of India, Through PP. – Respondent
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
Boota Singh & Ors. Vs. State of Haryana (2021) 0 Supreme (SC) 203
Kishori Lal Vs. Rupa AIR 2005 SC 1481
Mossa Koya K.P. Vs. State (NCT of Delhi) 2021 0 Supreme(SC) 945
Netram Vs. State of Rajasthan 2013 0 Supreme(Raj) 1948
Union of India Vs. Leen Martrin & Anr.
Union of India Vs. Rattan Malik
Vardi Chand @ Pappu Vs. State of Rajasthan 2009 0 Supreme (Raj.) 2380
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.