JUDGMENT :

1. The instant application for suspension of sentence has been moved in connection of the judgment impugned dated 18.11.2021 passed by Learned Special judge, NDPS Act cases No.2, Dist. Chittorgarh in Sessions case No. 109/2014 whereby the accused appellant has been convicted for the offences punishable under sections 8/15 of NDPS Act and he has been sentenced with maximum of ten years rigorous imprisonment along with fine of Rs. 1,00,000/-.

2. Learned counsel for the accused-appellant submits that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court being the first appellate Court. The other co-accused person namely Nanalal has already been released on bail by the coordinate bench of this court vide order dated 02.02.2018 and the case of the appellant is on better footing than that of Nanalal. It is the admitted case of the prosecution that neither the petitioner was found present at the crime scene nor any incriminating material or contraband was recovered from his possession. There is not an iota of evide