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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Om Prakash, S/o. Sada Ram – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER :
1. The instant applications for suspension of sentences have been moved on behalf of the applicants. They are convicted by the judgment dated 31.01.2025 by the learned Special Judge, NDPS Act Cases Sirohi in Special Case No.78/2019 whereby they were sentenced as under:-
| Name of the accused | Offence for which convicted | Substantive sentence | Fine and default sentence |
| Om Prakash | Section 8/15 NDPS Act | 10 Years’ RI | Fine of Rs.2,00,000/- and in default of payment of fine, additional one year’s RI. |
| Bajrang Lal & Raju Bhai Mewadi @ Chhoga Lal | Section 8/29 NDPS Act | 10 Years’ RI | Fine of Rs.2,00,000/- and in default of payment of fine, additional one year’s RI. |
2. It is contended on behalf of the petitioner 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, therefore, the same is required to be appreciated again by this court being the first appellate Court. Hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.
3. Learned Public Prosecutor has vehemently opposed the prayer made by learned counsel for the accused-appellants.
4. Perus
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.
Procedural irregularities and discrepancies in evidence can justify the suspension of a sentence under the NDPS Act despite stringent conditions.
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....
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 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.
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.
Samples from narcotic drugs and psychotropic substances seized, shall be drawn on spot of recovery, in duplicate, in presence of search witnesses (Panchas).
Compliance with procedural safeguards under the NDPS Act is essential for the validity of convictions and can lead to suspension of sentences if violated.
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