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2024 Supreme(Raj) 1445

MANOJ KUMAR GARG
Aslam Kha S/o Piru Kha – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mangi Lal Vishnoi
For the Respondents: Narendra Gehlot, O.P. Choudhary

JUDGMENT :

MANOJ KUMAR GARG, J.

1. Heard learned counsel for the parties and perused the material available on record.

2. This is the second application for suspension of sentence. The first application for suspension of sentence was dismissed as withdrawn vide order dated 24.04.2024 passed by this Court. Learned counsel for the appellant submits that the appellant is behind the bars since 18.03.2019. The recovery of contraband was made from the appellant on 18.03.2019 and the samples were sent for FSL on 25.03.2019, but inventory in this case was prepared before the presence of Judicial Magistrate on 22.05.2019. Counsel submits that there are no antecedents of similar nature against the appellant. Counsel further submits that this shows that there is clear cut violation of provisions of Section 52A of NDPS Act. He relied upon the judgment of the Hon’ble Supreme Court in the case of Union of India Vs. Mohanlal & Anr. AIR Online 2016 SC 606. In the said judgment, the Hon’ble Supreme Court has held as under:

    “It is manifest from Section 52A (2)(c) (supra) that upon seizure of the contraband the same has to be forwarded either to the officer in-charge of the nearest police station or to t

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