JUDGMENT :

In Re: Criminal Misc Suspension of Sentence Applications

1. I have heard learned counsel for the accused -appellants and learned A.G.A for the State.

2. Aggrieved by the judgment and order dated 30.09.2022 passed by Additional Sessions Judge/F.T.C.-II/Special Judge, N.D.P.S. Act, Kaushambi, in Case No. 14 of 2012 titled as State Vs. Bhola Patel (lead case), the accused-applicant Hemraj Patwa, and Vinita Devi have preferred separate appeals bearing Criminal Appeal No. 8454 of 2022 and Criminal Appeal No. 7997 of 2022, respectively. The accused, Bhola Patel, Raju Maurya @ Anil Kumar and Manoj Kumar Maurya, have been acquitted under Section 8/20 NDPS Act by giving the benefit of the doubt, whereas accused-appellants Hemraj Patwa and Vinita Devi have been convicted and sentenced to ten years rigorous imprisonment along with fine of Rs. 1,00,000/- each.

3. As per the prosecution case, on 17.04.2012 at about 12.30 p.m. SHO Dinesh Prakash Pandey, along with other police officials, were patrolling and checking the anti-social elements. At the same time, SI Onkar Nath Pandey, Hawaldar Singh and lady constable Rukmani Devi have also joined the police party. On receipt of secret inform