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FARJAND ALI
Ramzan – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. conviction hinges on contraband classification. (Para 1 , 2) |
| 2. opposition to bail based on recovery quantity. (Para 3 , 4) |
| 3. burden of proof lies with the prosecution. (Para 5 , 6) |
| 4. incorrect sampling directly affects evidence. (Para 7 , 8) |
| 5. suspension of sentence granted considering incarceration. (Para 9) |
JUDGMENT :
Farjand Ali, J.
Heard learned Counsel for the accused appellant and learned Public Prosecutor on the application for suspension of sentence and perused the Judgement impugned dated 28.6.2022 passed by Special Judge (N.D.P.S. cases), Bharatpur in Sessions case No. 38/2019 (CIS-42/2019) whereby the accused appellant has been convicted for the offence punishable under Section 8 /20(b)(II)(c) of NDPS Act, 1985 and has been sentenced with maximum of Eleven years rigorous imprisonment along with fine of Rs. 1,00,000/-.
2. Learned Counsel for the accused-appellant submits that the Trial Court has grossly erred in convicting and sentencing the accused-appellant. Learned Counsel for the petitioner submits that a false case has been foisted against the petitioner. Section 2 of the NDPS Act contains the definitions and clause (III) of the same defined what "can
Quantity to be drawn in each sample for chemical test shall not be less than 5 grams in respect of all narcotic drugs and psychotropic substances.
The court highlighted the ambiguity in drug quantity measurement as grounds for suspending the sentence pending appeal, considering substantial time served.
Suspended NDPS conviction sentence on bail pending appeal due to procedural lapses under Sections 52A, 57 and prolonged incarceration.
Sentence suspension in NDPS appeal granted after half sentence undergone, considering arguable points and hearing delay.
The court upheld the conviction under the NDPS Act, emphasizing compliance with statutory provisions and the sufficiency of evidence linking the appellant to the crime.
Compliance with procedural safeguards under the NDPS Act is essential for the admissibility of evidence and the validity of convictions.
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