ORDER :

1. Lawyers are abstaining from appearance before the court.

2. The instant application for suspension of sentence has been moved in connection of the judgment impugned dated 18.02.2017 passed by Learned Special Judge, NDPS Act Cases, Jodhpur in Sessions case No. 58/2015 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/-.

3. The son of the appellant-applicant is present in person before this court and he submits the mandatory provisions of NDPS Act have not been complied with, thus, on this count, the recovery of the contraband is vitiated. The bags were emptied upon the tarpaulin and weighed together. The total weight of the admixture was 98 kilograms; out of which, two samples of one kilogram each, marked A (chemical sample) and B (control sample),were taken from the seized contraband for investigation and rest of the contraband was re-packed. Since samples from each of the bags were not separately sent for testing, it cannot be said with utmost certainty that each of the bags contained poppy husk and that the qu