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2021 Supreme(Raj) 1940

DEVENDRA KACHHAWAHA
Mohd. Hussain – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
Mr. Ramesh Purohit., for the Appellant; Mr. Sumer Singh Rajpurohit, Pp., for the Respondent.

ORDER

1. Heard learned counsel for the appellant as well as learned Public Prosecutor. Perused the material available on record.

2. Admit. Issue notice.

3. Learned Public Prosecutor accepts notices on behalf of the respondent - State of Rajasthan. Hence, notices need not be issued.

4. Send for the record.

5. Heard learned counsel for the parties on the application seeking suspension of sentences (SoSA No. 885/2021).

6. Learned counsel for the appellant stated that the accused-appellant was convicted for the offence punishable under Section8/21 of the NDPS Act for a period of one year rigorous imprisonment with a fine of Rs. 10,000/-, in default of payment of fine to undergo additional one month imprisonment; that as per the prosecution, in the present case, total 05.30 grams brown sugar with the polythene bag was recovered from the accused-appellant which is below commercial quantity; that as per paragraph number 18 of the impugned judgment, during trial of the case, the accused-appellant was on bail; that hearing of the appeal will take time, therefore, it has been prayed that the application seeking suspension of sentences may kindly be allowed and the appellant-applicant be enlarged o

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