Rajanikant Bahera vs State Of Chhattisgarh
2025 Latest Caselaw 1724 Chatt

Chattisgarh High Court

Rajanikant Bahera vs State Of Chhattisgarh on 4 February, 2025

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            HIGH COURT OF CHHATTISGARH AT BILASPUR


                             CRA No. 1136 of 2024

Akash Chura S/o Sitaram Chura, aged about 19 years, R/o Ruwabandha

Basti Talpuri, Police Station - Bhilai, District : Durg (C.G.)

                                                                 ... Appellant

                                     Versus



State of Chhattisgarh Through - Station House Officer, Police Station -

Bemetara, District : Bemetara (C.G.)

                                                            ... Respondent

04/02/2025 Mr. Veer Verma, learned counsel for the appellant.

Mr. Vivek Sharma, learned Panel Lawyer for the State.

Heard on I.A. No.01/2024, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 02.01.2024 passed by the learned Special Judge NDPS Act, Bemetara Dist.

Bemetara, C.G. in Sessions Case (NDPS Act) No.01/2023, appellant stands convicted for the offence punishable mentioned as under:

Conviction Sentence U/s. 20(b)(ii)(B) of NDPS Act R.I. for 10 years & fine of Rs.1,00,000/- and in default of payment of fine amount additional R.I. for 2 years.

Learned counsel appearing for the appellant submits that appellant has wrongly been convicted by the trial Court without there being any clinching evidence available on record against him. He further contented that the police authorities have raided the public toilet area, on information, four persons are standing with narcotic substance ganja for sale upon which 2.3 Kg. ganja was recovered from the present appellant. The surprising fact is that in spite of a lot of public present at the place, the authority has chose to call specific independent witnesses from much far place of incident. It is further stated that during trial the appellant was in custody for a period of 251 days and after judgment and conviction of trial Court dated 02.01.2024, he is in jail till now. Therefore, it is prayed that the sentence imposed upon the appellant may be suspended and he may be released on bail.

On the other hand, learned counsel appearing for the State opposed the submissions advanced by the counsel for the appellant and supports the judgment of conviction

passed by the learned trial Court.

Heard both the parties.

Considering the above facts and circumstances of the case and on perusal of the records with utmost specification, I find that the quantity of 2 kg. and 300 gms. ganja got seized from illegal possession of the present appellant, the appellant during the trial was in custody and after judgment and conviction of trial Court dated 02.01.2024, he is in jail till now. The contraband substance i.e. ganja recovered by the police from the appellant in the said quantity and the same does not fall under the commercial quantity. In consequence, Section 37 of the NDPS could not be applicable to the case of appellant. Looking to the facts and circumstances of the present case, I am inclined to suspend the sentence and release the appellant on bail.

Accordingly, I.A. No.01/2024, application for suspension of sentence and grant of bail under Section 389 of Cr.P.C. is allowed.

It is directed that the substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on furnishing his personal bond for a sum of Rs.25000/- with two solvent sureties in the like sum to the satisfaction of the concerned Trial Court for his appearance before the Registry of this Court on 6th March, 2025. He shall thereafter appear before the trial Court on the dates given by the Registry of this Court and shall continue to appear there on all such subsequent dates as and when given to him by the said Court till disposal of this Appeal.

List this case along with CRA No. 159 of 2024 for final hearing in due course.

Sd/-

(Rajani Dubey) Judge

Uttej