Vishal Alias Pandey vs State Of Chhattisgarh
2025 Latest Caselaw 1336 Chatt

Chattisgarh High Court

Vishal Alias Pandey vs State Of Chhattisgarh on 21 January, 2025

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             HIGH COURT OF CHHATTISGARH AT BILASPUR

                               CRA No. 24 of 2025
 •   Vishal Alias Pandey, S/o Late Bhondu Khatik, Aged About 25 Years, R/o
     Near D.P. College Tikrapara, Bilaspur, Thana City Kotwali, District Bilaspur
     (C.G.).
                                                                      ... Appellant
                                       versus
 •   State Of Chhattisgarh, Through The Police Station City Kotwali Bilaspur,
     District Bilaspur (C.G.).
                                                                  ... Respondent

(Cause title taken from Case Information System)

Order Sheet

21/01/2025 Mr. Aman Pandey, counsel for the appellant.

Mr. Keshav Gupta, G.A. for the State/respondent.

Heard on admission.

Admit.

Issue notice to the respondent.

Learned State counsel accepts notice on behalf of the

State/respondent, therefore, issuance of notice to it, is dispensed

with.

Also heard on I.A. No.1/2024, application under Section 430

of the Bhartiya Nagrik Suraksha Sanhita, 2023 for suspension of

sentence and grant of bail.

By the impugned judgment of conviction and order of

sentence dated 30.11.2024 (Annexure-A/1) passed by the learned

Special Judge (N.D.P.S. Act), Bilaspur, District Bilaspur (C.G.) in

Special Sessions Trial (N.D.P.S. Act) No.06/2024, appellant has

been convicted and sentenced as under :-

    S.No.          Conviction                   Sentence
     01.       U/s. 21(C)       NDPS R.I. for 10 years with fine of
               Act, 1985             Rs.1,00,000/- and in default
                                     of payment of fine, additional
                                     R.I. for 4 months.
     02.       U/s.     20(B)(II)(b) R.I. for 5 years with fine of
               NDPS Act, 1985        Rs.50,000/- and in default of
                                     payment of fine, additional
                                     R.I. for 2 months.
                                      All sentences are directed
                                      to be run concurrently

Learned counsel for the appellant submits that alleged

contraband article (Ganja) has been weighed along with the bag

(thaila) and the said contraband article was not produced before the

court during trial. He further submits that instead of preparing 2

samples of the said 'Ganja' only 1 sample was prepared. It is further

submitted that appellant is in jail since 26.11.2023, therefore, he

prays that application for suspension of sentence of the appellant

may be allowed and sentence may be suspended till the decision of

this appeal.

Per contra, learned State counsel submits that all the

mandatory compliance has been made during the investigation and

on the basis of evidence judgment of conviction and order of

sentence has been passed in accordance with law. Hence, he

opposes the application for suspension of sentence and grant of bail

to the appellant.

I have heard learned counsel for the parties and perused the

record carefully.

Taking into consideration the evidence available on record, I

do not feel inclined to allow the application for suspension of

sentence and grant of bail to the appellant, at this stage.

In view of above, I.A. No.1/2024, application under Section

430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for suspension

of sentence and grant of bail to the appellant is rejected.

List this matter for final hearing in due course.

Sd/-

(Naresh Kumar Chandravanshi) Judge

Digitally signed by DEEPTI DEEPTI JHA JHA NIRALA NIRALA Date:

2025.01.21 17:16:09 +0530