Devi Lal vs State of Rajasthan - 2023 Supreme(Raj) 2056

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 2056

FARJAND ALI
Devi Lal – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. M.L. Bishnoi and Mr. M.P. Bishnoi
For the Respondent: Mr. Jawed Gauri, PP

Table of Content
1. description of the case facts and conviction (Para 1 , 2)
2. arguments concerning compliance with ndps act (Para 3 , 4)
3. court's analysis on evidentiary flaws (Para 5 , 6 , 8)
4. reference to prior case law on sample collection (Para 7)
5. conclusion allowing suspension of sentence (Para 9 , 10 , 11)

ORDER :

Farjand Ali, J.

The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 29.09.2022 passed by the learned Special Judge, NDPS cases, No. 2, Chittorgarh in Sessions Case No.26/2017(11/2015) whereby he was convicted and sentenced to suffer maximum imprisonment of 14 years under Section 8@15¼x½ and lesser punishment for the other offences under Sections 3 /25(1-B)(a) of ARMS ACT .

2. Briefly stated, the facts of the instant case are that a car was intercepted by the police at the time of 'nakabandi' near mangalwad chauraha on 24.08.2014 at about 09:50 P.M. The petitioner tried to turn his car (RJ27 UA 7484) around so as to flee from that area. Upon suspicion, the police officers searched the vehicle and during search, total seventeen bags of poppy husk were found in the car containing a total of 43