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FARJAND ALI
Chena Ram Jat S/o Shri Kana Ram Jat – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
Farjand Ali, J.
1. The instant application for suspension of sentence has been moved on behalf of the applicant-appellant in the matter of judgment dated 09.01.2023 passed by the learned Special Judge, NDPS Act Cases, Bhilwara in Sessions Case No.40/2019 whereby he was convicted and sentenced to suffer maximum rigorous imprisonment of 10 years under Section 8/25 of NDPS Act along with a fine of Rs.1,00,000/- and in default of payment of fine further undergo six months rigorous imprisonment.
2. It is contended on behalf of the applicant-appellant 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. It is further submitted that hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted. It is also submitted that the sentence of the co-accused Mahendra Rebari has already been suspended by this Court vide order dated 19.03.2024 passed in S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No.153/2023.
3. Pe
Non-compliance with Section 52A of the NDPS Act in evidence collection can lead to suspension of sentence, especially when prolonged custody and delays in appeal hearings are present.
Compliance with Section 52-A of the NDPS Act is essential for the validity of seizure and evidence, impacting the court's decision on bail and sentence suspension.
Compliance with procedural requirements under the NDPS Act is essential for the admissibility of evidence; failure to adhere to these provisions can lead to the suspension of sentences.
Compliance with procedural safeguards under the NDPS Act is essential for the admissibility of evidence and the validity of convictions.
Sentence can be suspended and bail granted to accused where hearing of appeal is likely to take further more time.
Point of Law : Non-compliance of mandatory provisions of NDPS Act has to be dealt with a strict hand and it is imperative upon courts to be cautious while adjudicating such matters where seizure is c....
The main legal point established in the judgment is the consideration of the delay in the disposal of the appeal as a ground for the grant of relief of suspension of sentence, along with the relaxati....
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