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FARJAND ALI
Jaspal Singh, S/o. Harbansh Singh – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER :
Farjand Ali, J.
1. The instant second application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 14.09.2022 passed by the learned Special Judge, NDPS Act Cases -cum- Additional Sessions Judge, Gulabpura District Bhilwara in Sessions Case No.08/2019 whereby he was convicted and sentenced to suffer maximum sentence rigorous imprisonment of ten years under Sections 8/15 & 8/25 of the NDPS Act and sentenced for ten years on each count alongwith fine of Rs.1,0,000/- and in default of payment of fine to further undergo three month’s RI and awarded lesser sentence for a period of one year RI for the offence under Section 465 of the IPC along with fine of Rs.1,000/- and in default to further undergo one moth’s SI.
2. His first application for suspension was dismissed as not pressed by this Court vide order dated 05.04.2024 passed in S.B. Criminal Misc. Suspension of Sentence Application No.128 /2023. Hence, the instant application for suspension of sentence.
3. 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 erron
Compliance with procedural safeguards under the NDPS Act is essential for the admissibility of evidence and the validity of convictions.
Compliance with procedural requirements under the NDPS Act is essential for the admissibility of evidence; failure to adhere to these provisions can lead to the suspension of sentences.
Non-compliance with Section 52A of the NDPS Act in evidence collection can lead to suspension of sentence, especially when prolonged custody and delays in appeal hearings are present.
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.
The court ruled that adherence to statutory procedures under the NDPS Act is essential for the admissibility of evidence, and allowed the suspension of sentence based on procedural violations.
Samples from narcotic drugs and psychotropic substances seized, shall be drawn on spot of recovery, in duplicate, in presence of search witnesses (Panchas).
Procedural compliance under the NDPS Act is crucial; failure to adhere to sampling and inventory requirements can undermine the prosecution's case and justify bail.
Procedural compliance in the NDPS Act is crucial for the admissibility of evidence, impacting the court's discretion in granting bail.
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