[2025:RJ-JP:19192] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 732/2025 In S.B. Criminal Appeal No.884/2025 Omprakash S/o Ramprasad, Aged About 30 Years, R/o Balapura Thana Chhabra District Baran Rajasthan (Presently Confined In District Jail Baran) ----Petitioner Versus State Of Rajasthan, Through .p.p ----Respondent For Petitioner(s) : Mr. Buddhi Prakash Meena For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 06/05/2025 1. Instant SOS application is preferred by appellant Omprakash S/o Ramprasad in appeal filed aggrieved from judgment and conviction dated 27.03.2025 in sessions case No.83/2022 passed by learned Special Judge (NDPS Act Cases), Baran whereby the appellant was convicted under Section 8/20 of NDPS Act and further sentenced to undergo imprisonment of 1 year with fine of ₹5,000/-. 2. Learned counsel for appellant submitted that appellant is innocent person and he was falsely implicated by police. He further submitted that the quantity recovered from appellant is little more than small quantity but certainly same is below commercial quantity. He further submitted that police has [2025:RJ-JP:19192] (2 of 3) [SOSA-732/2025] fabricated a case of recovery of 1.650Kg Ganja from possession of appellant but before search and seizure the mandatory provision under NDPS Act were not complied by police. He further submitted that even case is not supported by independent witnesses and option under Section 50 of NDPS Act was not provided to accused. At last, he submitted that appellant was on bail during trial and he has not misused the liberty granted to him. 3. Aforesaid contentions were opposed by learned Public Prosecutor and he has submitted custody certificate along with criminal antecedents and same are taken on record. 4. On the basis of interception by Priya Vyas (PW-1) on 05.09.2015, recovery of 1.650 Kg ganja was made from appellant and seizure memo was drawn. On the basis of seizure memo, FIR No.543/2015 under Section 8/20 of NDPS Act was registered at P.S. Kotwali, Baran. After investigation, police has filed charge- sheet against accused. After framing the charge, prosecution has examined 10 witnesses and exhibited 19 documents. The accused was examined under Section 313 Cr.P.C. and he has not submitted any defence evidence. Learned trial court after conviction has sentenced him for a period of one year. 5. We have gone through the evidence of prosecution. The admission of PW-1 indicated that despite her effort to call independent witnesses, no one came forward to be part of proceeding. All the witnesses examined by prosecution were police witnesses. The trial court after considering the evidence has drawn conclusion that 1.650Kg ganja was recovered from conscious possession of accused. The grounds raised by learned counsel for appellant can only be considered at the time of final adjudication. [2025:RJ-JP:19192] (3 of 3) [SOSA-732/2025] The appellant was on bail during trial and presently he is in custody since 27.03.2025. The sentence awarded to appellant is one year but there were eight other criminal cases registered against the appellant out of which 7 are under Section 8/20 of NDPS Act. Except present case, registered in year 2015, other cases were registered after present case and pending before the trial court. The continuous involvement of appellant in committing offence under NDPS Act is sufficient to deny SOS to appellant. 6. In view of criminal antecedents particularly of NDPS Act cases, appellant is not entitled to be released on bail. 7. Accordingly, SOS application preferred by appellant Omprakash S/o Ramprasad is hereby dismissed. Misc. Application stands disposed of. 8. List appeal for hearing in August, 2025. (ASHOK KUMAR JAIN),J PREETI VALECHA /17