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FARJAND ALI
Surendra Kumar S/o Laxmandas – 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 01.10.2022 passed by the learned Special Judge, NDPS Act Cases Sri Ganganagar in Sessions Case No.47/2019 whereby he was convicted and sentenced to suffer maximum sentence rigorous imprisonment of ten years under Section 8/22 of the NDPS Act and sentenced for ten years alongwith fine of Rs.1,00,000/- and in default of payment of fine to further undergo one year’s RI.
2. His first application for suspension was dismissed as not pressed by this Court vide order dated 10.05.2023 passed in S.B. Criminal Misc. Suspension of Sentence Application No.411/2023. 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 erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court being the first appellate Court. He submitted that the Seizing Officer collected the samples from the spot and sent to the FSL for its examination thus, S
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.
Compliance with procedural safeguards under the NDPS Act is essential for the admissibility of evidence and the validity of convictions.
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.
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.
The conviction was overturned due to failure to comply with mandatory procedures under the NDPS Act, specifically Section 52A regarding sample collection.
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