Akash Bind vs State Of Chhattisgarh
2025 Latest Caselaw 2351 Chatt

Chattisgarh High Court

Akash Bind vs State Of Chhattisgarh on 7 March, 2025

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        HIGH COURT OF CHHATTISGARH AT BILASPUR

                            CRA No. 341 of 2025
             AKASH BIND versus STATE OF CHHATTISGARH

                                Order Sheet


07/03/2025            Mr. Bharat Lal Sahu, counsel for the Appellant.

                      Mr. Karan Bahrani, Panel Lawyer for the State.

                      Heard on I.A. No.01/2025, application under Section

              430 of the Bhartiya Nagrik Suraksha Sanhita for suspension

              of sentence and grant of bail.

                      By the impugned judgment dated 03.02.2025 passed

              by the learned Special Judge (NDPS), Raipur (C.G.) in

              Special Criminal Case (NDPS Act) No.242/2023, appellant

              stands convicted for the offence punishable mentioned as

              under:

                        Conviction                    Sentence
               U/s. 20 (b)(ii)(B) of NDPS R.I. for 10 years & fine of

               Act.                         Rs.1,00,000/- and in default

                                            of payment of fine amount

                                            additional R.I. for 02 years.
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      Learned counsel appearing for the appellant submits

that the appellant has wrongly been convicted by the trial

Court without there being any clinching evidence available

on record against him. The appeal will take some more time

for its final conclusion/disposal, therefore, it is prayed that

the sentence imposed upon the appellant by the learned

trial Court may be kept in abeyance and he may be

released on bail.

      On the other hand, learned counsel appearing for the

Respondent/State opposed the argument advanced by the

counsel for the appellant and supports the judgment of

conviction passed by the trial Court. He further submits that

the quantity seized from the present applicant is 20.5 Kg. of

contraband item (Ganja) which falls under the category of

commercial quantity, therefore he is not entitled for benefit

of suspension of the sentence and grant of bail to the

present applicant.

I have heard both counsel for the parties and perused

the documents available on record.

Considering the above facts and circumstances of the

case, contention raised by the parties, particularly the

quantity i.e. 20.5 kg. of contraband item (Ganja), therefore,

this Court is of the opinion that the present applicant is not

entitled for benefit of suspension of sentence and grant of

bail.

In view of the above, I.A. No.01/2025, application

under Section 430 of the Bhartiya Nagrik Suraksha Sanhita

for suspension of sentence and grant of bail is liable to be

and is hereby rejected.

List this case for final hearing after two weeks.

Sd/-

(Arvind Kumar Verma) Judge

Saxena