Mangilal vs State Of Rajasthan - 2023 Supreme(Raj) 2054

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 2054

FARJAND ALI
Mangilal – Appellant
Versus
State Of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Pritam Solanki, Mr. M.L. Bishnoi.
For the Respondent: Mr. S.S. Rajpurohit, PP.

ORDER :

Farjand Ali, J.

The instant applications for suspension of sentence have been moved in connection of the judgment impugned dated 09.02.2022 passed by Learned Special Judge, NDPS Cases, Bhilwara in Sessions case No. 26/2019 whereby the accused appellants have been convicted and sentenced to suffer maximum imprisonment of 10 years under Sections 8 /15 of NDPS Act.

2. Briefly stated, the facts of the instant case are that a car bearing registration No. DL 8 CP 3167 was intercepted by the police at the time of 'nakabandi' on Swaroopganj Chauraha on 21.01.2019 at about 10:15 A.M. Upon suspicion, the police officers searched the vehicle and during search, total six bags of poppy husk were found in the car containing a total of 60 kilograms of Poppy husk which was seized by the police and the seizing officer took 500 grams of poppy husk from each bag for sampling respectively marked A (chemical sample) and B (control sample) which were sent to FSL.

3. 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 b