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FARJAND ALI
Shrawan Kumar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 21.01.2022 passed by the learned Special Judge, NDPS Act cases, Jaisalmer in Sessions Case No.37/2020 whereby he was convicted and sentenced to suffer maximum imprisonment of 15 years under Sections 8 /21 and 8/22 of NDPS Act.
2. Learned counsel for the appellant submits that appellant has falsely been implicated in this matter, he has nothing to do with the alleged offence. There is a major contradiction in the forwarding letter No. 825 (Ex. P-17) which was sent to FSL, Jodhpur and the FSL Report dated 31.12.2020 (Ex. P-21) wherein the number of forwarding letter sent by SP, Jaisalmer is mentioned as 824 instead of 825. There are several flaws and latches in the case of the prosecution. The mandatory provision has not complied with stricto-sensu. Likewise, serious questions have been raised with regard to the compliance of Section 42 of the Act, which is mandatory in nature. Thus, there is a serious discrepancy which goes to the root of the case and casts a serious doubt in the story of the prosecution and veracity of the statement of
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 procedural safeguards under the NDPS Act is essential for the admissibility of evidence and the validity of convictions.
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 mandatory provisions of the NDPS Act can undermine the prosecution's case, warranting a thorough re-assessment of evidence by the appellate court.
Mandatory compliance with procedural safeguards under Section 42 of the NDPS Act is crucial for lawful search and seizure; failure to comply invalidates recovery.
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....
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