Rajasthan High Court - Jodhpur
Braham Dutt vs State Of Rajasthan (2025:Rj-Jd:45815) on 16 October, 2025
[2025:RJ-JD:45815]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1865/2025
1. Braham Dutt S/o Prabhu Lal Sharma, Aged About 42
Years, R/o Gilund, Police Station Railmagra, District
Rajsamand. (At Present Lodged At Central Jail Udaipur)
2. Kishan Lal S/o Ganga Ram Jat, Aged About 50 Years, R/o
Udalpura, Police Station Railmagra, District Rajsamand.
(At Present Lodged At Central Jail Udaipur)
----Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Vikram Singh Jaitawat
For Respondent(s) : Mr. Narendra Singh Chandawat, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
16/10/2025
1. Heard learned counsel for the appellants-applicants as well
as learned Public Prosecutor and perused the material available on
record.
2. Learned counsel for the appellants-applicants submits that
they have been convicted for the offences under Sections 8/18
and 8/25 of the NDPS Act, 1985. He submits that the quantity of
the recovered contraband is below the commercial quantity and
that the appellants-applicants were on bail during the course of
the trial. He also submits that there has been non-compliance with
the mandatory provisions of Section 52-A of the NDPS Act in the
present case. Learned counsel refers to the statements of PW-12
Lal Singh (Seizure Officer) and PW-14 Madhav Singh
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(Investigating Officer), wherein both witnesses have admitted that
the samples were not sent to the FSL within the statutory period
of 72 hours. He further emphasizes that there are specific
discrepancies with regard to the proper sealing of the seized
articles. He further submits that the appellants-applicants have
been sentenced to five years' rigorous imprisonment, that they
have no criminal antecedents, and there are bleak chances of
hearing of the appeal in near future. He, therefore, implores this
Court to allow the suspension of sentence application of the
present appellants-applicants.
3. Per Contra, Learned Public Prosecutor opposes the
application for suspension of sentence and submits that after
ensuring that there is compliance of all the mandatory provisions
of the NDPS Act, 1985 and that the proceedings were undertaken
as per law, the learned trial Court has considered each and every
aspect of the matter, while convicting the appellants-applicants
and, he therefore, prays the application may be disposed of.
4. Upon consideration of the arguments advanced on behalf of
both the sides and having regard to the facts and circumstances of
the case, including the facts that that there are no criminal
antecedents attributable to the appellants-applicants, that the
quantity of the recovered contraband is below the commercial
quantity, and that various arguable points have been raised by
learned counsel for the appellants-applicants with regard to non-
compliance of the mandatory provisions of the NDPS Act, as also
the admissions made by the Seizure Officer and the Investigating
Officer regarding the failure to send the samples to the FSL within
the requisite period of 72 hours and the dispute concerning the
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proper sealing of the samples, coupled with the fact that the
punishment imposed upon the appellants-applicants is five years'
rigorous imprisonment, and the chances of hearing of appeal in
near future being bleak, this Court is of the opinion that it is a fit
case for suspending the sentence awarded to the accused
appellant-applicant.
5. Accordingly, the application for suspension of sentence filed
under Section 430 of BNSS is allowed and it is ordered that the
sentence passed by the learned Special Judge, NDPS, (learned
Additional Sessions Judge, Rajasmand, vide judgment dated
03.10.2025 in NDPS Session Case No.39/2022 (CIS No.02/2018)
against the appellants-applicants namely; Braham Dutt S/o
Prabhu Lal Sharma & Kishan Lal S/o Ganga Ram Jat, shall
remain suspended till final disposal of the aforesaid appeal and
they shall be released on bail, provided each of them execute a
personal bond in the sum of Rs.2,00,000/- with two sureties of
Rs.1,00,000/- each to the satisfaction of the learned trial Judge
for their appearance in this court on 18.11.2025 and whenever
ordered to 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.
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6. The learned trial Court shall keep the record of attendance of
the appellants-applicants in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
appellants-applicants 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 appellants-applicants do not appear before the trial
Court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(SANDEEP SHAH),J
62-devrajP/-
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