Rahul Kumar Thapan vs State Of Rajasthan (2024:Rj-Jd:37051)
2024 Latest Caselaw 7795 Raj

Rajasthan High Court - Jodhpur

Rahul Kumar Thapan vs State Of Rajasthan (2024:Rj-Jd:37051) on 6 September, 2024

Author: Birendra Kumar

Bench: Birendra Kumar

[2024:RJ-JD:37051]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                   No. 1077/2024

                                           IN

                     S.B. Criminal Appeal No. 808/2024

Rahul Kumar Thapan S/o Shri Khadak Singh, Aged About 32
Years, R/o Dhani Khet Khud Rohi Dutarawali, Police Station
Bahavwala, Dist. Fazilka (Punjab) (At Present Lodged In District
Jail, Hanumangarh)
                                                                     ----Applicant
                                         Versus
State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Applicant (s)              :     Mr. Trilok Joshi.
For Respondent(s)              :     Mr. Prem Singh Panwar, PP.



            HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

06/09/2024

1. Heard learned counsel for the parties.

2. Learned counsel for the applicant submits that SOS

application in the matter of co-accused Vijay Kumar has already

been allowed in S.B. Criminal Appeal No. 724/2024 vide IA No.

622/2024.

3. The applicant was convicted for offence under Section 8/22

NDPS Act and under Section 18(c)/27(b)(2) of the Drugs and

Cosmetics Act.

4. Learned counsel for the applicant contends that the record

would make it abundantly clear that search and seizure was

affected on 11.08.2020, whereas, inventory was prepared on

[2024:RJ-JD:37051] (2 of 3) [SOSA-1077/2024]

18.10.2023, after lapse of about three years. Though samples

were taken on 13.08.2020, however, presence of the Magistrate at

the time of preparation of inventory or taking out of samples for

forensic examination was not ensured as per the mandate of law

under Section 52 A NDPS Act. For the aforesaid reason, the whole

trial would vitiate and there is chances of success in this appeal.

5. Learned Public Prosecutor opposed the prayer for suspension

of sentence.

6. Considering substance in the submission of learned counsel

for the applicant as well as the fact that the appeal would take

time for final disposal, the instant application for suspension of

sentence is allowed. The sentence awarded against the applicant

above-named by the Learned Additional District and Sessions

Judge, (NDPS Cases) Sangaria, District Hanumangarh vide

judgment dated 24.04.2024 passed in Sessions Case No.07/2021

shall remain suspended till final disposal of the appeal provided

that he furnishes a bail bond of Rs.1,00,000/- with two sureties of

like amount (one of the sureties is of territorial jurisdiction of the

trial court) to the satisfaction of the learned trial Court with

following conditions:-

(1) That he will appear in person before the trial court in the first week of July of every year till the appeal is decided.

(2) That if the applicant changes the place of residence, he will give in writing his 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(s) to the trial court.

[2024:RJ-JD:37051] (3 of 3) [SOSA-1077/2024]

7. The learned trial court shall keep the record of attendance of

the accused-applicant(s) in a separate file. Such file be registered

as Criminal Misc. Case related to original case in which the

accused-applicant(s) was/were tried and convicted. A copy of this

order shall also be placed in that file for ready reference. Criminal

Misc. file shall not be taken into account for statistical purpose

relating to pendency and disposal of cases in the trial court. In

case the said accused-applicant(s) does not appear before the trial

court, the learned trial Judge shall report the matter to the High

Court for cancellation of bail.

(BIRENDRA KUMAR),J 133-charul/-

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