1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 200 OF 2011 IN CRIMINAL APPEAL NO. 56 OF 2011 ( Rahim @ Naim Sk. Karim & Ano. Vs. State of Mah. PSO PS Old City Akola) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri V. M. Deshpande Adv for applicant. Shri N. R. Rode APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 22nd JULY, 2011. . This is an application under Section 389 of Criminal Procedure Code for suspension of sentence imposed upon the appellant by the learned Sessions Judge in Special Case No. 1 of 2007. Applicants were convicted for the offence punishable under Section 20(b) of Narcotic Drugs & Psychotropic Substances Act, 1985, and were sentenced to suffer R. I. for ten years each and to pay fine of Rs. 1,00,000/- each in default R. I. for one year. Local Crime Branch Office Akola, received information that some persons were about to enter the city with contraband. Accordingly, trap was laid and both the applicants were 2 apprehended. Total quantity of contraband seized from the applicants was 44 kg. Learned counsel for the applicants submits that the conviction of the applicants is based upon the evidence of police officials. There is no independent corroboration. Both the applicants are young persons, therefore, their further incarceration in jail is unjustified. While hearing this application, it is not necessary to undertake in-depth analysis of the evidence adduced by the prosecution. It is a fact that panchas were carried while conducting raid. There is reason to believe that mandatory provisions have been followed while conducting raid. In that light of the matter suspension of sentence and release of applicants on bail cannot be granted. Application is rejected. JUDGE svk 3 From the date of taking charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M.N. Gilani was sitting at High Court Bombay.