Ghanshyam Son Of Prabhulal vs Government Of India
2022 Latest Caselaw 612 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

     S.B. Criminal Misc. Suspension of Sentence Application
                             No.1262/2021

                                      In

              S.B. Criminal Appeal No. 2026/2021

Ghanshyam Son Of Prabhulal, Resident Of Village Devrikalan
Jageer, Tehsil Manoharthana, District Jhalawar (Raj.) (At
Present In District Jail, Jhalawar)
                                                                  ----Appellant
                                  Versus
Government Of India, Central Narcotics Bureau, Through
Girwar Puri, Inspector, Office Of Superintendent (Niwarak)
Niwarak And Aasoochna Cell, Pratapgarh (Raj.)
                                                                ----Respondent

For Appellant(s) : Mr. Virender Godara, through VC For Respondent(s) : Mr. Rajendra Yadav, PP Mr. Tej Prakash Sharma, through VC

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

24/01/2022 Heard on application for suspension of sentence.

The appellant has filed the appeal along with application for

suspension of sentence.

This appeal has been preferred against the judgment of

conviction and sentence dated 01.12.2021 passed by the Court of

Additional District and Sessions Judge Aklera,

District Jhalawar (Raj) in Sessions Case No.77/2016, by which the

(2 of 3) SOSA1262/2021

appellant has been convicted under Sections 8/19 and 8/26 of the

N.D.P.S. Act, 1985 and sentenced as under:-

Under Section 8/19 of NDPS Act, 1985: RI of 10 years' and a

fine of RS.1,00,000/-, in default of payment of fine further RI of

one year.

Under Section 8/26 of NDPS Act, 1985: RI of three years' and

fine of RS. 10,000/-, in default of payment of fine further SI of

two months'.

It has further been submitted that there are no criminal

antecedents of the appellant. The appellant was on bail during

trial and is presently in judicial custody. The appellant was a

cultivator. The allegation against the appellant is of supplying

adulterated opium to the department. The mandatory provisions

of the N.D.P.S. Act have not been followed. There are material

contradictions in the prosecution case.

Learned Special Public Prosecutor has opposed the

application for suspension of sentence.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

Taking into consideration the submissions of learned

counsel for the appellant, overall facts and circumstances of the

case but without commenting upon detailed merits of the case,

this Court deems just and proper to allow the application for

suspension of sentence.

(3 of 3) SOSA1262/2021

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the sentence awarded to accused-

appellant Ghanshyam Son Of Prabhulal shall remain

suspended till disposal of this criminal appeal and he be

released on bail, provided the appellant furnishes a personal

bond of Rs.1,00,000/-and two sureties of Rs.50,000/- each to

the satisfaction of the learned trial court for his appearance in

this Court on 25th February, 2022 and as and when called

upon to do so.

(UMA SHANKER VYAS),J

CHHAYA AWASTHI /34

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