Rajasthan High Court
Nandsingh Son Of Ganga Singh vs State Of Rajasthan on 2 January, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Suspension of Sentence Application
No. 1297/2022
In
S.B. Criminal Appeal No. 1980/2022
Nandsingh Son Of Ganga Singh, Resident Of Nimola Police
Station Mehandwas District Tonk (Raj) (At Present Confined In
The Sub Jail, Niwai District Tonk)
----Appellant
Versus
State Of Rajasthan, Through P.p
----Respondent
For Appellant(s) : Mr. A.K. Upman
For Respondent(s) : Mr. S.S. Mahla, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
02/01/2023
Heard learned counsel for the accused appellant and learned
Public Prosecutor on the application for suspension of sentence
and perused the judgment impugned dated 17.09.2022 passed by
learned Special Judge, NDPS Act, Niwai whereby the accused
appellant has been convicted for the offence punishable under
sections 8/18 of NDPS Act and has been sentenced to maximum
seven years rigorous imprisonment along with fine of Rs.50,000/-
and in default of payment of fine further six months rigorous
imprisonment.
Learned counsel for the accused-appellants submits that
recovery has not been affected from the exclusive and conscious
possession of the appellant. The mandatory provisions of Act has
(2 of 3) [SOSA-1297/2022]
not been complied with. There is total non-compliance of Section
42(2) of NDPS Act and no reasons have been assigned to conduct
search and seizure after sunset. The independent witnesses have
clearly admitted in the trial that recovery was not affected in their
presence. The matter pertains to recovery of 1.850 Kg of opium
which is well below the commercial quantity and therefore the
provisions contained under Section 32A of the NDPS ACt does not
apply.
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellant.
The accused-appellant is behind the bars the hearing of
appeal is likely to take further more time, therefore, considering
the overall submissions and looking to the totality of facts and
circumstances of the case while refraining from passing any
comments on the niceties of the matter and the defects of the
prosecution as the same may put an adverse effect on hearing of
the appeal, this court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Special Judge, NDPS Act, Niwai,
vide judgment dated 17.09.2022 in Sessions Case No. 61/2022
against the appellant-applicant Nandsingh Son Of Ganga Singh
shall remain suspended till final disposal of the aforesaid appeal
and he shall be released on bail provided he executes a personal
bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/-
each to the satisfaction of the learned trial Judge for their
appearance in this court on 03.02.2023 and whenever ordered to
(3 of 3) [SOSA-1297/2022]
do so till the disposal of the appeal on the conditions indicated
below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their changed address to the trial Court as
well as to the counsel in the High Court.
3. Similarly, if the sureties change their
address(s),they will give in writing their changed
address to the trial Court.
(FARJAND ALI),J
PREETI VALECHA /43
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