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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Ibrahim Son Of Munna Khan – Appellant
Versus
State Of Rajasthan, Through P.P. – Respondent
ORDER :
1. The instant 3rd application for suspension of sentence is preferred by the appellant-applicant accused Ibrahim son of Munna Khan (hereinafter referred to ‘the appellant’) in pending appeal aggrieved from judgment of conviction and sentence dated 30.09.2021 in Sessions Case No.10/2017 passed by learned Special Judge, NDPS Act Cases, Jhalawar, whereby appellant was convicted for offence under Sections 8/21(b) of NDPS Act and sentenced to undergo imprisonment of five years with fine.
2. Learned counsel for the appellant while relying upon grounds of appeal submitted that without observing principle of law learned trial court has arrived at a conclusion of conviction. He further submitted that learned trial court has overlooked material contradictions and discrepancies, which goes to root of the matter. He further submitted that the entire case of prosecution rests on testimony of interested witness and no independent witness was examined to corroborate the story of prosecution.
3. Learned counsel for the appellant submits that the appellant was charged for possession of 10 gm 43 mg heroin (smack) and he was ultimately convicted under Section 8/21(b) of the NDPS Act and further
The court established that a lack of evidence of knowledge regarding contraband transport can justify the suspension of a sentence under the NDPS Act.
The court established that under Section 389 Cr.P.C., a suspension of sentence can be granted when the accused meets certain conditions, including the nature of the offense and the circumstances surr....
The court applied Section 389 Cr.P.C. to suspend the sentences of the appellant-applicant during the pendency of the appeal, considering the provisions of the NDPS Act and the overall facts and circu....
The court has the discretion to suspend the substantive sentence under Section 389 Cr.P.C. until the final disposal of the appeal, based on the circumstances of the case.
Sentence can be suspended and bail granted to accused where hearing of appeal is likely to take further more time.
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....
The quantity of the narcotic substance recovered from the applicant's possession and the impact of drug-related offences on society influenced the court's decision to deny bail.
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