The High Court of Rajasthan disposed of a second application for suspension of a 15-year prison sentence under the NDPS Act. Rejecting the plea based on prolonged custody, the court noted the recovery of 49 kg of opium and pending charges, nixing the application.
Second application for suspension of sentence is nixed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Suspension of Sentence(Appeal) No. 1286/2018
In
S.B. Criminal Appeal No.913/2015
Babu Lal @ Babu S/o Shri Kalu Banjara, aged about 36 years, R/o Jiva Nayak Ka Kheda, Thana Gangrar, Distt. Chittorgarh (Presently In Judicial Custody At Central Jail, Udaipur)
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. M.L. Bishnoi For Respondent(s) : Mr. O.P. Rathi, Public Prosecutor.
HON'BLE MR. JUSTICE P.K. LOHRA
Order
20/11/2018
Applicant-appellant has laid this second application under Section 389 Cr.P.C. for seeking suspension of sentence handed down by Special Judge, NDPS Cases No.1, Chittorgarh (for short, ‘learned trial Court’) vide judgment dated 20.08.2015. The learned trial Court, by the judgment impugned, indicted applicantappellant for offence under Section 8/18, 8/29 of the NDPS Act and handed down sentence of fifteen years rigorous imprisonment with fine of Rs.1,50,000/- and in default of payment of fine to further undergo one year rigorous imprisonment under both the counts.
(2 of 3)
[SOSA-1286/2018]
The first application for suspension of sentence laid on behalf of applicant-appellant was rejected on 8th of March, 2018.
Pressing this second application for suspension of sentence, it is contended by learned counsel for the applicant-appellant that final hearing of the appeal is unlikely in near future, therefore, solely on the basis of prolonged custody of the appellant, his application merits favourable consideration. It is argued by learned counsel that though learned trial Court has passed sentence of 15 years rigorous imprisonment but by now appellant has already undergone substantial part of sentence, therefore, the sentence handed down by learned trial Court may be suspended.
Per contra, learned Public Prosecutor has vehemently opposed the application for suspension of sentence. It is contended by Mr. O.P. Rathi that huge quantity of contraband opium was recovered from the applicant-appellant weighing 49 kg, and therefore Section 37 of the NDPS Act is clearly attracted. Elaborating his submissions, learned counsel would urge that the contraband recovered in the matter is umpteen times higher than commercial quantity, therefore, it would not be appropriate to grant him any indulgence.
I have bestowed my considerations to the arguments advanced at Bar.
(3 of 3)
[SOSA-1286/2018]
While it is true that applicant-appellant has remained in custody for quite some time but then recovery of huge quantity of contraband opium cannot lose sight of the Court in view of embargo envisaged under Section 37 of the NDPS Act. Furthermore, he is involved in many other cases and presently three cases are pending out of which one is for offence under Section 394 IPC, therefore also, I feel disinclined to grant indulgence to the appellant for suspending his sentence.
However, before parting it may be observed that appellant shall be at liberty to apply for expediting final hearing of the main appeal.
In view thereof, the second application for suspension of sentence is hereby nixed subject to aforementioned observations.
1 issue framed by the court
Whether the second application for suspension of sentence under Section 389 Cr.P.C. should be allowed despite the appellant having undergone a substantial part of the sentence.
3 provisions across 2 enactments
Babu Lal @ Babu S/o Shri Kalu Banjara
State of Rajasthan
P.K. Lohra
As recorded by the court registry
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