Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Farukh, S/o Iqbal – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
Order :
(FARJAND ALI, J.)
1. The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment of conviction dated 03.10.2023 and order of sentence dated 04.10.2023 passed by the learned Special Judge, NDPS Case (Addl. Sessions Judge No.1), Nohar, District Hanumangarh, in Sessions Case No.98/2022 whereby he was convicted and sentenced under Section 8/22 of the NDPS Act to suffer imprisonment of twelve years RI along with a fine of Rs.2,00,000/- and in default to further undergo three months SI.
2. In short the facts of the case are that on 16.05.2022, SHO Ajay Kumar along with his team upon suspicion intercepted a Motorcycle which was in a high speed and the rider disclosed his name as Farukh and during search 720 capsules of Tramadol (378 Grams) got recovered from the bag. After investigation and taking all evidence on record, the learned Court passed judgment of conviction and order of sentence as stated above.
2. It is contended by the learned counsel for the appellant that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefo
Procedural irregularities and discrepancies in evidence can justify the suspension of a sentence under the NDPS Act despite stringent conditions.
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.
Non-compliance with mandatory provisions of the NDPS Act can undermine the prosecution's case, warranting a thorough re-assessment of evidence by the appellate court.
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.
Compliance with procedural safeguards under the NDPS Act is essential for the admissibility of evidence and the validity of convictions.
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
