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Rajasthan High Court · body

2019 DIGILAW 1024 (RAJ)

Mangu Nath v. State, Through PP

2019-04-04

P.K. LOHRA

body2019
JUDGMENT 1. Accused-applicant has laid this second application for suspension of sentence under Section 389 Cr.P.C. 2. By impugned judgment dated 06.06.2017, learned trial Court convicted applicant for offence under Section 8 read with 20 of the NDPS Act and handed down sentence of thirteen years rigorous imprisonment with fine of Rs. 1,30,000/-, and in default of payment of fine to undergo one years rigorous imprisonment. 3. Precisely, the charge against applicant was possession and illegal transportation of "ganja" weighing 111kg 600gms. 4. Learned counsel appearing for the applicant has argued that during investigation Section 42, which is mandatory, was not complied with. It is also submitted by learned counsel that at the time of search and seizure, Seizure Officer did not make any endeavor to comply with the provisions of Section 50 of the NDPS Act. Besides that, some other infirmities in preparation of inventory are also highlighted by the learned counsel espousing his cause for suspension of sentence. 5. Per contra, learned Public Prosecutor has opposed the application for suspension of sentence. It is submitted by learned Public Prosecutor that contraband was recovered from conscious possession of the applicant and learned trial Court, while indicting the applicant and sentencing him for the charged offence, has considered all these aspects meticulously. It is also submitted by learned Public Prosecutor that in the backdrop of proven criminal delinquency of the applicant, Section 37 is clearly attracted. 6. I have bestowed my consideration to the arguments. 7. Having regard to the facts and circumstances of the case, in my view, at this stage, no case for suspension of sentence is made out. 8. Consequently, the second application for suspension of sentence is rejected. 9. Let hearing of the main appeal be expedited.