Ram Pal vs Union Of India (2024:Rj-Jd:40463)
2024 Latest Caselaw 8645 Raj

Rajasthan High Court - Jodhpur

Ram Pal vs Union Of India (2024:Rj-Jd:40463) on 27 September, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:40463]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                               No. 844/2024

Ram Pal S/o Bhagirath Bishnoi, Aged About 39 Years, R/o Village
Jajiwal Vishnoiyan, Police Station Banar, Tehsilo and District
Jodhpur (Raj.)
(At Present Lodged At District Jail, Udaipur)
                                                                   ----Applicant
                                    Versus
Union Of India Through Special Public Prosecutor of Central
Bureau Narcotics.
                                                                 ----Respondent


For Applicant(s)          :     Mr. Anand Purohit, Sr. Advocate
                                assisted by Mr. Mayank Roy
For Respondent(s)         :     Mr. K.S. Nahar, Special P.P.
                                with Mr. Gopal Singh



                HON'BLE MR. JUSTICE FARJAND ALI

Order

27/09/2024

1. After arguing to some extent, learned counsel for the

applicant-appellant would contend that instead of pressing the

present suspension of sentence application, he would rather

willing to argue the appeal on merits since there has been serious

technical defects going to the root of the case i.e. non-compliance

of Section 52-A of NDPS Act and blatant violation of Rules 3, 8, 9

and 13 of the Narcotic Drugs and Psychotropic Substances

(Seizure, Storage, Sampling and Disposal) Rules, 2022 made by

the Central Government with regard to search, seizing and

sampling. It is also contended that the samples were collected

from the spot by the Seizing Officer without the presence of the

[2024:RJ-JD:40463] (2 of 2) [SOSA-844/2024]

Magistrate, which is against the judgment dated 01.03.2024

rendered by the Hon'ble Supreme Court in Mohammed Khalid &

Anr. Vs. The State Of Telangana [Criminal Appeal

No.1610/2023].

2. The matter pertains to recovery of 25 kgs of opium, which

is umpteen times above the demarcated commercial quantity.

Instead of hearing the instant suspension of sentence application,

it would be desirable to hear the appeal on merits.

3. In this view of the matter, the instant suspension of

sentence application is disposed of.

4. Since the applicant-appellant is behind the bars for more

than 4 years and there is a challenge to the sustainability of the

judgment of conviction, therefore, the appeal being S.B. Criminal

Appeal No.421/2024 (Rampal Vs. Union of India) be listed

for hearing either in preferential order or, if possible, on

16.10.2024 according to the roster and convenience.

(FARJAND ALI),J

Abhishek Kumar S.No.82

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