Order

1. Heard on IA No.2559/2022, first application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the appellant.

2. The present appellant has been convicted and sentenced by learned Special Judge (NDPS Act), Mandsaur District Mandsaur (MP) in Special Sessions Trial No.02/2012 vide judgment dated 31.01.2022, as under: -

Conviction Sentence

Section Act RI Fine amount Imprisonment in lieu of fine

8 r / w 18 (C) NDPS Act 3 years Rs.50,000/- 6 months RI

3. Counsel for the appellant has submitted that the appellant was arrested on 23.12.2011 and after that, he was in jail up to 17.07.2012 including police custody and thereafter from the date of the impugned judgment he is in jail, and as such, he has suffered incarceration for more than eight months.

4. It is further submitted that from the possession of the appellant a noncommercial quantity of 1.370 kilograms of opium has been seized. It is submitted that there is a violation of mandatory provisions Section 50, 42 (2) and 55 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein after referred to as the Act) and the prosecution witnesses have not