ORDER :

Farjand Ali, J.

The instant applications for suspension of sentence have been moved in connection of the judgment impugned dated 12.07.2021 passed by Learned Additional Sessions Judge, NDPS Cases, Sangaria, Dist. Hanumangarh in Sessions case No. 11/2018 whereby the accused appellant-Kashmir Singh has been convicted and sentenced to suffer maximum imprisonment of 10 years under Sections 8 /21, 22, 25 and 29 of NDPS Act and lesser punishment for the offences under Section 18 (c)/27(b)(2) of Drugs and Cosmetic Act and the accused appellant-Ram Kumar @ Rakesh Kumar has been convicted and sentenced to suffer maximum imprisonment of 10 years under Sections 8 /21, 22 and 29 of NDPS Act and lesser punishment for the offences under Section 18 (c)/27(b)(2) of Drugs and Cosmetic Act.

2. Briefly stated, the facts of the instant case are that a bike bearing registration No. HR 25 B 8633 was intercepted by the police at the time of 'nakabandi' on bhagatpura road on 26.01.2018 at about 03:20 P.M. Upon suspicion, the police officers searched their bag which was kept in between them and during search, total 35 bottles of ONEREX cough syrup and 300 tablets of CARISOMA were found in the bag which was seized by the police and the seizing officer took only two bottles of ONEREX cough syrup out of the 35 bottles for sampling marked A (chemical sample) and B (control sample) which were sent to FSL. Similarly, out of the 30 strips containing 10 tablets each of CARISOMA tablets, two strips were sent for testing as chemical sample and control sample.

3. Learned counsel for the appellants vehemently submits that the mandatory provisions of NDPS Act have not been complied with, thus, on this count, the recovery of the contraband is vitiated. The samples of contraband were not collected individually from all the 35 bottles of ONEREX cough syrup and 30 strips of CARISOMA tablets for investigation as per the stipulations in the Standing Instruction No.1/89 dated 13.06.1989 issued by Government of India. He further submits that in the present set of facts, the detailed judgment titled Ramchandra v. State of Rajasthan passed by this court in S.B. Criminal Misc. 3rd Bail Application No.1162/2022, wherein the rules pertaining to sample collection contained in Standing Order No. 1/1989 dated 13.06.1989 issued by Government of India under Section 52A of NDPS Act have been enumerated inter alia other aspects, will be applicable. As samples from all of the contraband were not drawn for testing, it cannot be said with utmost certainty that each of the packets contained contraband in it.

4. He further submits that the appellants has spent last 5 years and 3 months in custody, if they is not released on bail the very purpose of filing the appeal would be frustrated. He places reliance on the judgment passed by Hon'ble the Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation reported in (2021) 10 SCC 773 to support his argument that looking to the long period of incarceration, the sentence of the applicant deserves to be suspended. As the hearing of the appeal will take long time to conclude, therefore, learned counsel for the appellants submits that the sentence awarded to the accused-appellants may be suspended.

5. Per contra, learned Public Prosecutor vehemently opposes the prayer made by learned counsel for the accused-appellants and submits that the matter pertains to recovery 35 bottles of ONEREX cough syrup and 30 strips of CARISOMA tablets and the judgment of conviction passed by learned Court below does not warrant any interference. As per the custody certificate submitted by learned