Sheesh Boldas vs State Of Chhattisgarh
2024 Latest Caselaw 191 Chatt

Chattisgarh High Court

Sheesh Boldas vs State Of Chhattisgarh on 25 June, 2024

                 HIGH COURT OF CHHATTISGARH AT BILASPUR

                                      Order Sheet

                                     CRA No. 876 of 2024

  • Sheesh Boldas S/o S. Mongla Aged About 42 Years R/o Labru, Tahsil Munchingput,
    P.S. Munchingput, District Vishakhapatnam (Andhra Pradesh)   ----Petitioner

                                        Versus

  • State Of Chhattisgarh Through Station House Oicer, Police Station Farasgaon, District
    Kondagaon (C.G.)                                                   ----Respondent

25/06/2024 Heard Mr. Ashok Kumar Komra, learned counsel for the appellant

and Ms. Sunita Sahu, 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 2024).

By the impugned judgment of conviction and order of sentence

dated 12.04.2024, learned Special Judge (NDPS Act 1985),

Kondagaon, District Kondagaon (C.G.) in Special Criminal Case (NDPS

Act 1985) No. 27/2022, has convicted and sentenced the appellant as

under:-

Conviction under Sections Sentence

20 (b)(ii)( C) of NDPS Act 1985 R.I. for 10 years with fine of Rs.

1,00,000/- in default of which additional Imprisonment for 1 year

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

contraband has not been seized from the exclusive possession of the

present appellant and has 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 23.06.2022 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 107.130 K.G. of contraband 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 107.130 Kg of contraband (ganja) 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 2024 stands rejected.

Let the matter be listed for final hearing in due course.

Sd/-

(Arvind Kumar Verma) Judge

Jyoti