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FARJAND ALI
Kashmir Singh – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. facts leading to conviction of accused-appellants. (Para 1 , 2) |
| 2. arguments on procedural non-compliance in ndps act. (Para 3 , 4 , 5) |
| 3. court comments on lack of evidence and sample handling. (Para 6 , 7 , 9 , 10) |
| 4. guidelines from supreme court on bail consideration. (Para 8) |
| 5. court's order for suspension of sentence. (Para 11 , 12) |
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
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 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.
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.
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.
Compliance with procedural safeguards under the NDPS Act is essential for the admissibility of evidence and the validity of convictions.
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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