JUDGMENT

This present applications for suspension of sentences under Section 389 CrPC has been preferred on behalf of the appellant- applicants Gurnam Singh & Harnam Singh who have been convicted and sentenced vide judgment dated 08.07.2019 passed by learned Special Judge, NDPS Cases (Additional Sessions Judge), Bhadra, Hanumangarh in Sessions Case No.13/17(35/08) for the offences under Sections 8/15 of the NDPS Act qua accused-appellant Gurnaam Singh and Sections 8/15 & 25 of NDPS Act qua accused-appellant Harnam Singh.

Heard learned counsel for the appellant-applicants, learned Public Prosecutor and perused the material available on record.

Arguing on the application for suspension of sentences, it is submitted by learned counsel for the applicants-appellants that as per the facts mentioned at para No.2 of the impugned judgment, samples were collected mixing all the alleged contraband after being unloaded in one palald (cloth), hence, it is clear violation of the guidelines issued by this Court rendered in the case of Netram v. State of Rajasthan, reported in 2014(1) Cr.L.R. (Raj.) 163. Learned counsel further stated that provision of sub-clause 3 of Section 50 of the NDPS Act has n