ORDER

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

2. Admit. Issue notice.

3. Learned Public Prosecutor accepts notice, hence, notice need not be issued.

4. Heard learned counsel for the appellant/petitioner and learned Public Prosecutor on application for suspension of sentence (SoS No. 759/2021).

5. Learned counsel for the appellant/petitioner stated that the accused-petitioner was convicted for the offence punishable under Section 8/18 of the NDPS Act by the learned Special Judge, NDPS Cases, Pratapgarh, Rajasthan in Special Sessions Case No. 38/2021 vide judgment dated 11.11.2021 with a fine ofRs.20,000/-; that in the present case, as per prosecution, 450 grams of opium have been recovered which is below commercial quantity; that during the trial of the case, the accused-petitioner was on bail; that hearing of the appeal will take time, therefore, sentences awarded to the accused-petitioner may kindly be suspended till final disposal of the appeal.

6. Per contra, learned Public Prosecutor has opposed the prayer for suspending the sentences awarded to the accused-petitioner but he does not controvert the facts that the recovered