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FARJAND ALI
Devi Lal – Appellant
Versus
State of Rajasthan – Respondent
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 436 kilograms of Poppy husk which was seized by the police and the seizing officer took 100 grams of poppy husk from each bag for sampling respectively; all the samples of 100 grams each collected from separate bags were mixed together in a single bag and thereafter, two samples of 500 grams each were taken from the af
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.
Doctrine of beyond reasonable doubt is applicable in criminal matters.
Compliance with procedural safeguards under the NDPS Act is essential for the admissibility of evidence and the validity of convictions.
Point of law: It cannot be ascertained beyond reasonable doubt that the other bags also contained contraband on the basis of presumption.
The court emphasized that proper sampling procedures must be followed in drug cases, and long incarceration can justify bail despite stringent conditions under the NDPS Act.
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.
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