Payal Singh @ Rani vs State Of Chhattisgarh
2024 Latest Caselaw 721 Chatt

Chattisgarh High Court

Payal Singh @ Rani vs State Of Chhattisgarh on 1 July, 2024

                 HIGH COURT OF CHHATTISGARH AT BILASPUR

                                      Order Sheet

                                    CRA No. 82 of 2024

  • Payal Singh @ Rani D/o Sukhev Singh Dahariya Aged About 20 Years R/o Om
    Nagar, Infront Of Primary School, P.S. - Civil Line, Bilaspur, District - Bilaspur,
    Chhattisgarh.

                                                                         ---- Appellant

                                        Versus

  • State Of Chhattisgarh Through - P.S. Civil Line Bilaspur, District - Bilaspur,
    Chhattisgarh.

                                                                      ---Respondent

01/07/2024 Heard Mr. Vikas Kumar Pandey, learned counsel for the appellant

and Mr. G.L. Uikey, learned Panel Lawyer, appearing for the State /

respondent on the instant application for suspension of sentence and

grant of bail (I.A. No. 1 of 2023).

By the impugned judgment of conviction and order of sentence

dated 16.11.2023, learned Special Judge Bilaspur (NDPS Act 1985), ,

District Bilaspur (C.G.) in Special Session (NDPS Act 1985) No.

67/2023, has convicted and sentenced the appellant as under:-

                Conviction under Sections                      Sentence
 21C of NDPS Act 1985                    R.I. for 10 years with fine of Rs.
                                        1,00,000/- in default of which
                                        additional Imprisonment for 6
                                        months

It has been argued by the learned counsel for the appellants that the

psychotropic substance has not been seized from the exclusive

possession of the present appellants and have been falsely implicated in

the crime in question. They further submit that the proper compliance of

Section 42(2) and 52(A) N.D.P.S. Act has not been done by the

Investigating Oicer. The appellants are in jail since 24.03.2023 and the

appeal is likely to take sometime for inal disposal, therefore they may be

released on bail.

On the other hand, learned State Counsel opposes the bail

application and submits that the 50 pieces of Codeine Containing Onrex

Syrup has been seized from possession of the present appellant. The

appellant had rightly been convicted for the aforesaid ofence, therefore,

he is not entitled for relief of bail. Hence, the application for suspension of

sentence for grant of bail is deserves to be dismissed.

I have heard learned counsel for the parties and perused the records of the trial Court.

Taking into consideration the facts and circumstances of the case

particularly the fact that 50 pieces of Codeine Containing Onrex Syrup

was seized from the possession of the appellant and after trial, the Trial

Court has convicted the appellant/accused for the aforesaid offences

and without commenting on merits of the case, this Court finds it

appropriate to reject the instant application for suspension of sentence

and grant of bail, at this stage.

Consequently, I.A. No. 01 of 2023 stands rejected.

Let the matter be listed for final hearing in the 4th week of August, 2024.

Sd/-

(Arvind Kumar Verma) Judge

Jyoti