Kaushik Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 7270 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                    CRA No. 464 of 2019

       Kaushik Sahu S/o Late Bahadur Sahu Aged About 24 Years R/o Village Parmauda,
        Thana Jharband, District Bargarh (Odisha).                     ---- Appellant
                                           Versus

       State Of Chhattisgarh Through Station House Officer, Police Station Saraipali,
        District Mahasamund Chhattisgarh.                           ---- Respondent

03.12.2022 Mr. Ravindra Sharma, counsel for the appellant.

Mr. Sanjay Pathak, PL for the State/ Respondent.

Heard on I.A. No.2/2022, application for permission to change the counsel.

Learned counsel for the appellant would submit that previous counsel Mr. Rajeev Kumar Dubey has given NOC in his favour.

In view of above, I.A. No.2/2022 is dismissed.

Learned counsel for the appellant would further submit that he has filed fresh suspension of sentence application i.e., I.A. No.4/2022, hence he does not want to press I.A. No.3/2021, application for suspension of sentence and grant of bail.

In view of above, I.A. No.3/2021 is dismissed as not pressed.

Also heard on I.A. No.4/2022, application u/s 389 of the Cr.P.C. for suspension of sentence and grant of bail.

Vide impugned judgment dated 11.3.2019, passed by Special Judge (NDPS) Saraipali, District Mahasamund C.G. appellant has been convicted under Section 20(b)(II)(C) of the N.D.P.S. Act and sentenced to undergo R.I. for 10 years & fine of Rs.1 Lakh, with default stipulation R.I. for 2 years.

Case of the prosecution, in brief, is that during search of vehicle, in which appellant was traveling, Police seized 27 kgs of illicit cannabis (ganja).

Learned counsel for the appellant would submit that without any cogent evidence, appellant has been convicted and necessary provisions under Section 50 of the NDPS Act, have not been complied with as notice was given to the appellant after seizure. It is further submitted that independent witnesses of search and seizure have not supported the case of prosecution and they have turned hostile. It is next submitted that sample was not collected from all the 27 packets (each containing 1 kg of contraband) and after mixing alleged contraband from all the packets, sample was collected, which was said to be examined by the FSL. It is further submitted that appellant is languishing in jail since 11.11.2017, thus, he has completed more than half of his jail sentence, hence, he is entitled for grant of bail by suspending the remaining jail sentence. In this regard, he relied upon the judgment rendered by the Hon'ble Apex Court, in the matter of Satendra Kumar Antil Vs. Central Bureau of Investigation & Another, reported in 2022 LiveLaw (SC) 577.

On the other hand, learned State counsel would submit that although independent witnesses have not supported the case of prosecution, but, learned Special Judge has rightly relied on statement of Investigating Officer (PW11). He would further submit that while search and seizure, Police had complied with all the mandatory provisions, hence, only on the ground that appellant has completed more than half of his jail sentence, he is not entitled for suspension of his remaining jail sentence.

I have heard learned counsel for the parties, perused the impugned judgment and evidence available on record.

Having considered the evidence available on record and particularly, considered the fact that appellant has served more than half of jail sentence awarded to him and final adjudication of this appeal is likely to take some considerable time, therefore, I am of the opinion that this is a fit case to suspend the jail sentence and release the appellant on bail.

Accordingly, I.A. No.04/2022 is allowed. It is directed that substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs. 1 Lakh with one local surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 03.2.2023 and thereafter he shall appear before the concerned trial Court as and when directed by the said Court, till disposal of the instant appeal.

List this case for final hearing in due course.

SD/-

(N.K. Chandravanshi) Judge

Ayushi