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2021 Supreme(Raj) 1298

DEVENDRA KACHHAWAHA
Mangalchand – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
ML Vishnoi, Advocate, Arun Kumar, Advocate

JUDGMENT

Devendra Kachhawaha, J. - Heard learned counsel for the appellant-applicants as well as learned Public Prosecutor, on application for suspension of sentences.

2. By the instant application preferred under Section 389 Cr.P.C., applicant-appellants have craved for suspending the sentences handed down by learned Special Judge, NDPS Case Churu (for short, 'learned trial Court'), by its verdict dated 18.09.2021 in Sessions Case No.01/2009. Learned trial Court, by the aforesaid verdict, convicted the applicant-appellants for offences under Section 8/18 of the NDPS Act.

3. Arguing on the application for suspension of sentences, it is submitted by learned counsel that the accused appellants have convicted for the offence under Section 8/18 of the NDPS Act. The accused appellant Mangal Chand is 84 years of age. Learned counsel further submits that the accused appellant No.1 remained in custody for 02 months and 18 days and accused appellant Ramchandra remained in custody for 03 months and 16 days. Learned counsel further stated that as per the judgment itself, there were no criminal antecedents of the accused appellants and only 500-500 grms of opium has been recovered from the accuse

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