Advocates:
['FARZAND ALI', 'ABHISHEK PUROHITABHISHEK PUROHIT SANGRAM SINGH', 'NAMAN MOHNOT', 'JANGSHER KHAN', 'DINESH GODARA', 'ABHISHEK PUROHIT', 'PP']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Suspension Of Sentence(Appeal) No. 567/2018

Rafiq Shah S/o Shakur Shah, Aged 40 years, R/o Arnoda, P.S.

Nimbhaera, District Chittorgarh, Rajasthan.

(Presently lodged at Central Jail, Ajmer)

----Appellant

Versus

State of Rajasthan

----Respondent

For Petitioner(s)

:

Mr. Naman Mohnot

For Respondent(s)

:

Mr. L.R. Upadhayay, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/10/2018

Heard learned counsel for the parties and perused the

impugned order.

Learned counsel for the appellant has submitted that the

appellant was convicted for the offence punishable under Section

8/18 (B) of the NDPS Act, 1985 and the maximum sentence

awarded to him is of 10 years. It is submitted that appellant has

already undergone more than half of the sentence (seven years

and three months) and hearing of the appeal is likely to take time,

therefore, sentence awarded by the trial court be suspended.

Learned counsel for the appellant while placing reliance on the

decisions of the Hon’ble Supreme Court in the case of Thana

Singh vs. Central Bureau of Narcotics reported in (2013) 2

SCC 603 and Mayuresh Nandkumar