Sanwariya Goyal vs State Of Chhattisgarh
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Chattisgarh High Court

Sanwariya Goyal vs State Of Chhattisgarh on 6 January, 2025

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               HIGH COURT OF CHHATTISGARH AT BILASPUR

                              CRA No. 2279 of 2024
 •   Sanwariya Goyal, S/o Late Kishan Goyal @ Krishna Goyal, Aged About
     64 Years, Proprietor M/s. Pragati Enterprises, Ward No. 18, Gandhi Ganj
     (wrongly mentioned as Ganji Ganj), Raigarh, District Raigarh,
     Chhattisgarh.
                                                                     ... Appellant
                                      versus
 •   State Of Chhattisgarh, Through Kamal Kant Patanwar, Durg Inspector,
     Office Of Deputy Director, Food And Drug Administration, District Raigarh,
     Chhattisgarh.
                                                                 ... Respondent

(Cause title taken from Case Information System)

Order Sheet

06/01/2025 Mr. Sunil Otwani, counsel along with Mr. Hari Agrawal, counsel for the appellant.

Mr. Vivek Sharma, P.L. for the State/respondent. Heard.

Admit.

Issue notice to the respondent.

Learned State counsel accepts notice on behalf of State/respondent, therefore, issuance of notice to it, is dispensed with.

Also heard on I.A. No.1/2024, application for suspension of sentence under 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 and grant of bail to the appellant.

By the impugned judgment of conviction and order of sentence dated 03.12.2024 passed by the learned Special Judge (under Drugs and Cosmetics Act, 1940) Raigarh, District Raigarh

(C.G.) in Drugs and Cosmetics Act Case No.1/2020, the appellant has been convicted and sentenced as under :-

S.No. Conviction Sentence

01. Rule 65(4), 65(5), 65(6) R.I. for 1 year and 6 of the Drugs and months with fine of Cosmetics Rules, 1945 Rs.2,00,000/-, in default and under Section thereof to undergo 18(a) (VI) of the Drugs additional R.I. for 6 and Cosmetics Act, months.

             1940     and     sentenced
             him      under      Section
             27(घ) of the Drugs and
             Cosmetics Act, 1940

Learned counsel for the appellant submits that the appellant has a good case in appeal, aforesaid fine amount has already been deposited and sentence has also been suspended by the Special Judge (under Drugs and Cosmetics Act, 1940) Raigarh, District Raigarh (C.G.). He further submits that during trial, appellant was on bail and never misused the same, 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 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 material available on record, particularly the short sentence, i.e., 1 year and 6 months imposed upon the appellant, I feel inclined to allow the application for

suspension of sentence and grant of bail to the appellant.

In view of above, I.A. No.01/2024, application for suspension of sentence under 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 and grant of bail to the appellant is allowed.

The substantive jail sentence imposed upon the appellant by the learned trial Court is hereby suspended. He shall be released on bail on his executing a personal bond in the sum of Rs.1,00,000/- with one surety of the like amount to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 07.02.2025. He shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court, interval being not less than 6 months, till final disposal of this appeal.

List this matter for final hearing in due course.

Sd/-

(Naresh Kumar Chandravanshi) Judge

Digitally signed by DEEPTI DEEPTI JHA JHA NIRALA NIRALA Date:

2025.01.06 17:09:12 +0530