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2023 Supreme(Raj) 132

FARJAND ALI
Baljeet Singh @ Kala Singh S/o Sh. Kehar Singh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rajwinder Singh, Son in law, Present in person.
For the Respondent: Mr. Javed Gauri, PP

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 08.09.2017 passed by Learned Additional Sessions Judge, Bhadra, Dist. Hanumangarh in Sessions case No. 31/2016 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 twenty years rigorous imprisonment along with fine of Rs. 2,00,000/-and lesser punishment for the offence under Section 205 of IPC.

3. The wife of the appellant-applicant is present in person before this court and she submits the mandatory provisions of NDPS Act have not been complied with, thus, on this count, the recovery of the contraband is vitiated. Samples from each of the four bags were drawn for testing, however, those samples were mixed together and thereafter, two samples of one kilogram each were sent for FSL. 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 quantity of the recovered contraband is 140 kilograms. The app

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