[2025:RJ-JP:47885] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 1973/2025 Ramvilas Son Of Late Kesra, Aged About 50 Years, Resident Of Pancholas, Police Station Rawanjana Doongar, District Sawai Madhopur. (At Present Lodged In District Jail, Sawai Madhopur) ----Petitioner Versus State Of Rajasthan, Through The Public Prosecutor ----Respondent For Petitioner(s) : Mr. Babu Lal Bairwa For Respondent(s) : Mr. Onkar Singh Rajpurohit, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/11/2025 1. The instant application for suspension of sentence is preferred by appellant - Ramvilas Son Of Late Kesra in pending appeal filed aggrieved from order of conviction and sentence dated 27.10.2023 in Criminal Regular Case No.06/2020 passed by learned Special Judge, NDPS Act Cases (Sessions Judge) Sawaimadhopur whereby appellant was convicted for offence under Sections 8/20 of NDPS Act and sentenced accordingly. 2. Learned counsel for the appellant while relying upon grounds of appeal submitted that without observing principle of law learned trial court has arrived at a conclusion of conviction. He further submitted that learned trial court has overlooked material contradictions and discrepancies, which goes to root of the matter. He further submitted that the entire case of prosecution rests on [2025:RJ-JP:47885] (2 of 4) [SOSA-1973/2025] testimony of interested witness and no independent witness was examined to corroborate the story of prosecution. 3. Learned counsel for the appellant submits that the first SOS application was dismissed by this Court on 12.07.2024 and the present appellant is in custody for the last two years and seven months. The appellant is, therefore, entitled to be released on bail on the ground of the period of custody. He further submitted that the recovered article is not “ganja” within the definition of ganja. He also submitted that the appellant was convicted on the basis of surmises and conjectures. 4. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted that the recovered quantity is commercial quantity. 5. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 6. The first application for suspension of sentence was dismissed by this Court on 12.07.2024, wherein we observed the facts as under: 4. A perusal clearly indicated that in the intervening night of 9th and 10th May, 2020 when SHO, P.S. Rawanjana Dungar reached the field having Khasra No. 2110 then, he found the present appellant who has cultivated ganja in his field. On the basis of information, the proceedings were conducted. According to police, a total 14.900 kg dry Ganja was recovered and besides this green leaves of Ganja were also seized having total weight of 74.6 kg. After the entire [2025:RJ-JP:47885] (3 of 4) [SOSA-1973/2025] proceedings, a total of 89.700 kg Ganja was recovered from possession of present appellant- accused. After registration of FIR No. 80/2020 at P.S. Rawanjana Dungar, Sawai Madhopur, a charge-sheet was filed against the appellant. 5. FSL report indicate that two packets A-1 and E-1 were examined and in A-1 total weight 100 grams were found which means that from dry ganja when sample was taken then the weight of sample was 100 grams when examined in FSL on 22.10.2020, then again weight was 100 grams but when from green leaves (plants) sample of 100 grams was taken then the weight at FSL was reduced to 85 grams but in both active constituents of cannabis were found. 6. Learned Trial Court after considering the material and evidence on record has convicted present appellant-accused under Section 8/20 (a) (b)(ii)(c) of the NDPS Act, 1985. 7. Aforesaid clearly indicated that only the appellant was forwarded for trial by the police and the trial court has convicted the appellant on the basis of the evidence brought on record. The evidence clearly suggests that the appellant is involved in the incident, and this Court, after considering the entire material on merits, dismissed the first SOS application on 12.07.2024. The maximum sentence awarded to the appellant is ten years, and the appellant has only served two years and seven months, which is not sufficient, where a large quantity of ganja has been recovered [2025:RJ-JP:47885] (4 of 4) [SOSA-1973/2025] from the possession of the appellant. Therefore, no case is made out to grant SOS to the appellant. 8. Accordingly, second SOS application preferred by appellant Ramvilas Son of Late Kesra is hereby dismissed. (ASHOK KUMAR JAIN),J PREETI VALECHA /11