Back
FARJAND ALI
Dhanna Ram, S/o. Rampratap – 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 15.04.2023 passed by the learned Special Judge, NDPS Act Cases-cum-Additional Sessions Judge No.1, Nohar, District Hanumangarh in Sessions Case No.73/2019 whereby he was convicted under Section 8/22 of the NDPS Act and sentenced to suffer 15 years rigorous imprisonment along with a fine of Rs.1,50,000/- and in default to further undergo one month’s rigorous imprisonment. His first application for suspension of sentence was dismissed as not pressed by this Court vide order dated 06.10.2023 passed in S.B. Criminal Misc. Suspension of Sentence Application No.412/2023 but a liberty was granted to him to renew the prayer if the appeal is not heard within a reasonable period. Hence, the instant application for suspension of sentence.
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 Cou
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.
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 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.
Point of Law : Statement under Section 67 cannot be relied upon but herein, Court are not considering to rely upon statement under Section 67 of NDPS Act, thus judgment is also not applicable in this....
Samples from narcotic drugs and psychotropic substances seized, shall be drawn on spot of recovery, in duplicate, in presence of search witnesses (Panchas).
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
