Arun Kumar Jatav vs State Of Chhattisgarh
2023 Latest Caselaw 495 Chatt

           HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet
                             CRA No. 147 of 2022

Arun Kumar Jatav, S/o. Rajkumar, Aged About 27 Years, R/o. 198, Ward No. 13, Near
AC Nagar Neat Scord Hospital, Faridabad, District- (Revenue And Civil) Faridabad
(Haryana)
                                                                          ---- Appellant
                                    Versus

State Of Chhattisgarh, Through- District Magistrate, Raipur, District- Raipur (C.G.)
                                                                       ---- Respondent

Division Bench :-

Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal

24.01.2023 Mr. Yogesh Pandey, Advocate for the Appellant.

Ms. Ruchi Nagar, Dy. Govt. Advocate for the State.

Heard on I.A.No.1, application for suspension of

sentence and grant of bail.

The appellant stands convicted by the judgment dated

27.12.2021 passed by the learned Court below in Special

Criminal Case No.10/2018 for the offence under Section 20(b)

(ii)(c) of N.D.P.S. Act. and sentenced to R.I. for 12 years with

fine of Rs.1,00,000/- with usual default stipulation.

Learned counsel for the appellant submits that there is

serious lacuna in arrest memo (Ex.P-14) and seizure memo

(Ex.P-11 & P-12) and sampling standing order issued by the

Union of India has not been followed. Therefore, the appellant is entitled to be released on bail. He relied upon the decision of

the Supreme Court in Noor Aga v. State of Punjab & Anr,

(2008) 16 SCC 417 and Union of India v. Mohanlal & Anr.

(2016) 3 SCC 379.

Per contra, learned State counsel submits that

considering the statement of Navalkishore Sharma (PW-1) and

statement of Balmukund Sahu (PW-13), the appellant is not

entitled for suspension of sentence and grant of bail.

We have heard learned counsel for the parties,

considered their rival submissions made herein-above and

went through the records with utmost circumspection.

Taking into consideration the evidence available on

record and particularly taking into the statement of Balmukund

Sahu, Investigating Officer (PW-13) and further taking into

account the finding recorded by the trial Court in which

recovery of 182 Kg of Ganja from the possession of the

appellant has been found proved, we do not find that it is a fit

case to suspend the sentence and grant bail to the appellant.

Accordingly, I.A.No.1 is rejected.

                Sd/-                                 Sd/-
         (Sanjay K. Agrawal)                  (Radhakishan Agrawal)
               Judge                                Judge
Ashok