Back
FARJAND ALI
Jay Prakash – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
The instant second application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 16.11.2022 passed by the learned Special Judge, NDPS Cases, Pratapgarh in Sessions Case No.01/2019 whereby he was convicted under Section 8/15 of the NDPS Act and sentenced to suffer 20 years rigorous imprisonment along with a fine of Rs. 2,00,000/- and in default to further undergo two years' rigorous imprisonment. His first application for suspension of sentence was dismissed as not pressed by this Court vide order dated 13.04.2023 passed in S.B. Criminal Misc. Suspension of Sentence Application No.1227/2022 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 Court. He submitted that the Seizing Officer collected the sample
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.
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.
Samples from narcotic drugs and psychotropic substances seized, shall be drawn on spot of recovery, in duplicate, in presence of search witnesses (Panchas).
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.
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
