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FARJAND ALI
Gani Mohammad – Appellant
Versus
State Of Rajasthan – Respondent
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 contraband is vitiated. The appellants has spent last 8 years and 9 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 dated 27.08.2022 passed by this Court in SB Criminal Miscellaneous II Bail Application No. 12906/2022 titled as Suraj v. State of Rajasthan
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....
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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