[2025:RJ-JP:44272] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application No. 1488/2025 In S.B. Cr. Appeal No. 2048/2025 Chandralal S/o Shri Shivlal, Aged About 26 Years, R/o Girdharpura Police Station Ratlai District Jhalawar (Raj) (At Present Confined in District Jail Karauli) ----Petitioner Versus State of Rajasthan Through P.P. ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal, Advocate For Respondent(s) : Mr. Vivek Chaudhary, Dy. Government Advocate HON'BLE MR. JUSTICE BHUWAN GOYAL Order 04/11/2025 This suspension of sentence application has been filed by the accused appellant under Section 430 BNSS, 2023 against the judgment dated 7.7.2025 passed by Special Judge, Narcotic Drugs and Substance Act Cases, Karauli in Sessions Case No. 66/2021, whereby the accused appellant has been convicted for the offence under Section 8/21 of NDPS Act and sentenced to undergo 10 years’ rigorous imprisonment with a fine of Rs. 1,00,000/-; in default of payment of fine, to further undergo 1 year’s rigorous imprisonment. Learned counsel for the accused appellant submits that the place from where the accused appellant was arrested and [2025:RJ-JP:44272] (2 of 3) [SOSA-1488/2025] search was made, is the open place, but neither any notice was given nor the sample was taken in the presence of a Magistrate, as mandated under Section 50 and 52A of the NDPS Act. Thus, the mandatory provisions of law were not complied with. He further submits that the recovered contraband article (Heroin) is less than the commercial quantity. He further submits that the accused appellant is in judicial custody since 7.7.2025 and the disposal of the appeal is likely to take time, hence the suspension of sentence application be allowed and the sentence awarded to the accused appellant by the trial court be suspended. Learned Dy. Government Advocate appearing for the State has opposed the same and submits that since sudden search was done, there was no need to give any notice. The entire search and seizure proceedings were conducted in accordance with the provisions of law. He further submits that 133.00 Gms. Heroin (without polythene) was recovered from the conscious possession of the appellant. The trial court on the basis of documentary evidence and the FSL report rightly convicted the accused appellant for the offence under Section 8/21 of NDPS Act and sentenced him to undergo 10 years rigorous imprisonment. He further submits that the appellant has committed the offence under NDPS Act, which is a crime against society because it has a devastating effect and a deadly impact on public health, the social fabric and the financial security of the nation. He further submits that if the sentence awarded to the accused appellant is suspended, there might be chances that the appellant would again indulge in similar type of crimes. Hence, the suspension of sentence application of the accused appellant be dismissed. [2025:RJ-JP:44272] (3 of 3) [SOSA-1488/2025] Taking into consideration the fact that 133.00 Gms. Heroin (without polythene) was recovered from the conscious possession of the appellant, without going into the merits and demerits of the case, I am not inclined to allow the suspension of sentence application of the accused appellant. The suspension of sentence application of the accused appellant is hereby dismissed. (BHUWAN GOYAL),J DK/39