[2025:RJ-JP:35017] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 3rd Misc Suspension Of Sentence Application (Appeal) No. 1562/2025 In S.B. Criminal Appeal No. 2012/2017 Madalla Shriniwas Son Of Shri Venkatshwar Rao, Aged About 37 Years, R/o Ankapalli, Vishakhapatnam, Andhra Pradesh. (At Petitioner Lodged At Open Air Camp Tonk) ----Petitioner Versus Union Of India, (Narcotics Bureau, Jodhpur Zonal Unit) Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Ganpat Lal Prajapat Ms.Hansa Prajapat For Respondent(s) : Mr. Tej Prakash Sharma, Special PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 21/08/2025 1. The third application for suspension of sentence is preferred by appellant - Madalla Shriniwas Son Of Shri Venkatshwar Rao in pending appeal filed aggrieved from order of conviction and sentence dated 13.09.2017 in Sessions Case No.143/2015 passed by learned Special Judge (NDPS Act Cases), Jhalawar whereby appellant was convicted for offence under Sections 8/20 and 29 of NDPS Act and sentenced accordingly. 2. The first SOS application of present appellant and co-accused was dismissed by this Court on 27.07.2023 whereas second SOS [2025:RJ-JP:35017] (2 of 3) [SOSA-1562/2025] application was dismissed on 18.03.2025 and now this is third application filed on behalf of appellant. 3. Learned counsel for appellant submitted that appellant is in custody for last more than 10 years and appeal is not likely to be disposed of in near future. He further submitted that appellant be released on bail on ground of period of custody. 4. Aforesaid contentions were opposed by learned Special Public Prosecutor and he submitted that this is a case of commercial quantity and this Hon’ble Court has already considered judgments of Hon’ble Supreme Court and held that period of custody is not sufficient to grant bail to the appellant. 5. On the basis of information, 998.1Kg of Ganja in 43 gunny bags were recovered from Truck No. AP31TC9899 in conscious possession of present petitioner and other co-accused at the time of seizure. After registration of case, charge-sheet has been filed and after trial, present appellant and other accused were convicted and sentenced by learned Special Judge (NDPS Act Cases), Jhalawar. The maximum sentence awarded to the appellant is rigorous imprisonment of 16 years with fine. 6. While considering first SOS application on 27.07.2023, this Court has considered provision of Section 67 of NDPS Act along with Section 37 of NDPS Act and dismissed SOS application as mandatory provision is not complied. Thereafter second SOS application was dismissed by this Court and same was dismissed on 18.03.2025 after considering judgment of Hon’ble Supreme Court in case of NCB Vs. Lakhwinder Singh 2025 INSC 190. 7. Present appellant has already undergone more than 10 years out of awarded sentence and presently he is in Open Air Camp at [2025:RJ-JP:35017] (3 of 3) [SOSA-1562/2025] Tonk which is a kind of reformatory. The appeal has not been considered for long but this is not a ground to presume that in future the appeal shall not be considered by the Court. The case relates to recovery of huge quantity of ganja and looking to seriousness of the offence, I am of considered view that appellant is not entitled to be released on bail. 8. Accordingly, third SOS application preferred by appellant Madalla Shriniwas is hereby dismissed. 9. List appeal for hearing in January, 2026. (ASHOK KUMAR JAIN),J PREETI VALECHA /07