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FARJAND ALI
Ramzan – Appellant
Versus
State of Rajasthan – Respondent
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 "cannabis (hemp)" means through three sub-clauses. The sub-clause (b) of clause (iii) defines 'ganja' as "the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated." He avers that, for the purpose of determining the total
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 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.
In criminal proceedings, inconsistencies in witness testimonies can create reasonable doubt, warranting bail during the appeal process.
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