Back
FARJAND ALI
Gani Mohammad – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. conviction and sentencing under ndps act. (Para 1) |
| 2. arguments on compliance and lengthy custody. (Para 2 , 3) |
| 3. consideration of statutory provisions and right to speedy trial. (Para 4 , 5 , 6) |
| 4. guidelines for granting bail based on individual case merits. (Para 8) |
| 5. granting bail under certain conditions pending appeal. (Para 9) |
ORDER :
Farjand Ali, J.
Heard learned counsel for the accused appellants and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 26.09.2019 passed by Special Judge (N.D.P.S. cases) Bhawanimandi, Jhalawar in Sessions case No. 36/2016(old No. 15/2014) whereby the accused appellants has been convicted for the offence punishable under sections 8/18 of NDPS Act and have been sentenced with maximum of twenty years rigorous imprisonment along with fine of Rs. 2,00,000/- as well as under sections 8/21 of NDPS Act and have been sentenced with maximum of twenty years rigorous imprisonment along with fine of Rs. 2,00,000/-.
2. 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 c
Sentence can be suspended and bail granted to accused where hearing of appeal is likely to take further more time.
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.
The stringent provisions of Section 37 of the NDPS Act must be applied in cases where the convict/accused is unable to bring his case within the parameters of Article 21 of the Constitution of India.....
Suspension of sentence should be considered liberally unless there is any statutory restriction, and the appellate Court has the discretion to suspend a sentence awarded under the NDPS Act, emphasizi....
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
