Back
FARJAND ALI
Shivraj @ Swaraj – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 11.03.2022 passed by the learned Special Judge, NDPS Act Case No.2, Chittorgarh in Sessions Case No.78/2014 (23/2011) whereby he was convicted and sentenced to suffer maximum imprisonment of ten years' rigorous imprisonment along with a fine of Rs.1,00,000/- under Section 8/25 of NDPS Act.
2. It is contended on behalf of the applicant that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court being the first appellate Court. Learned counsel for the appellant submits that there is no evidence even for the namesake for establishing the fact that the appellant was having knowledge regarding alleged transport of contraband in contravention of the provision contained in NDPS Act. Even he is not the registered owner of the vehicle. He is booked and tried in this matter only on being son of the registered owner. However, the registered owner failed to establish the fact that at the relevant poi
The court established that a lack of evidence of knowledge regarding contraband transport can justify the suspension of a sentence under the NDPS Act.
The court applied Section 389 Cr.P.C. to suspend the sentences of the appellant-applicant during the pendency of the appeal, considering the provisions of the NDPS Act and the overall facts and circu....
The main legal point established in the judgment is the consideration of prolonged custody and the likelihood of serving out the sentences awarded by the trial court in granting bail and suspending t....
The court has the discretion to suspend the substantive sentence if it deems it just and proper, considering the circumstances of the case and the pending appeal.
Compliance with Section 52-A of the NDPS Act is essential for the validity of seizure and evidence, impacting the court's decision on bail and sentence suspension.
Sentence can be suspended and bail granted to accused where hearing of appeal is likely to take further more time.
Section 37 is not a bar to grant of bail in cases where there is undue delay in conclusion of trial.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
