Ramsunder Chouhan vs State Of Chhattisgarh
2025 Latest Caselaw 2660 Chatt

Chattisgarh High Court

Ramsunder Chouhan vs State Of Chhattisgarh on 25 March, 2025

                                      1




              HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet
                         Cr. A. No. 217 of 2025

      1 - Ramsunder Chouhan S/o Shri Lohra Ram Chouhan Aged About 46
      Years R/o Village- Surajgarh, P.S. Pathalgaon, District- Jashpur, C.G.

      2 - Ramkaran Chouhan S/o Shri Ranglal Chouhan Aged About 23
      Years R/o Village- Surajgarh, P.S. Pathalgaon, District- Jashpur, C.G.
                                                                ... Appellants
                                         versus

    State Of Chhattisgarh, Through Station House Officer Sitapur, District-
     Sarguja, C.G.                                     ---- Respondents

Cr. A. No. 455 of 2025

 Niranjan Chauhan S/o Kirtu Ram Chauhan Aged About 46 Years R/o Village- Bhaisamunda, Police Station- Patthalgaon, District- Jashpur (C.G.).

... Appellant versus

 State of Chhattisgarh, Through Station House Officer, PS- Sitapur, District- Sarguja, C.G.

---- Respondent

25/03/2025 Mr. Rishi Sahu & Mr. Pritam Singh, Advocate for the appellants.

Ms. Pragya Shrivastava, Dy. GA for the State.

Heard.

Admit.

Also heard on I.A. No.1, application for suspension of sentence

and grant of bail to appellants.

By the impugned judgment of conviction and order of sentence

dated 17/01/2025 (Annexure A-1), the appellant stands convicted as

under:-

Conviction Sentence

U/s 20 (b) (ii) (B) of : RI for 5-5 years & fine of amount NDPS Act Rs.25,000/- (each), in default of payment of fine, 6-6 months additional RI.

Learned counsel for the appellants submits that appellants have

been falsely implicated in this case, they have not committed any

offence as alleged against them. Mandatory provisions of the NDPS

Act has not been followed in this case. Independent witnesses have

not supported the case of prosecution. Appellants are in jail since

17.01.2025 and appeal may take some time for final hearing, hence,

sentence awarded to appellants may be suspended and they be

enlarged on bail.

Learned State Counsel opposing the suspension application of

the appellants.

Heard counsel for the parties.

Considering facts of the case, submissions of counsel for the

parties, particularly the fact that on the date of alleged incident ie

03.11..2023, the Police during search has seized total 19.100 kg of

illicit contraband (ganja) from the possession of the appellants, further

considering the evidence of the prosecution witnesses and provisions

of the NDPS Act, I am not inclined to suspend the sentence and

release the appellants on bail.

Accordingly, I.A. No.1 is hereby rejected.

List these cases for final hearing in due course.

CC as per rules.

Sd/-

(Arvind Kumar Verma) Judge

J/-