JUDGMENT

The appellant has been convicted and sentenced as below vide Judgment dated 06.12.2019 passed by Special Judge, N.D.P.S. Cases (Additional Sessions Judge) Jaitaran, District Pali in Sessions Case No. 29/2016 (23/2014) :-

The appellant has moved this application under Section 389 Cr.P.C. seeking suspension of sentences awarded to him by the trial court.

Learned Public Prosecutor has not chosen to file reply to the application for suspension of sentences and proposes to argue the matter orally.

Heard learned counsel for the appellant and learned Public Prosecutor and perused the impugned judgment and original record of the case.

Learned counsel for the appellant submits that the recovery of narcotic substance was not made from the possession of the appellant. He was convicted without any evidence on record. He further submits that as per the prosecution story, the narcotic substance was loaded at the behest of the appell