Jharkhand High Court
Niranjan Minz vs The State Of Jharkhand on 28 April, 2023
1 Cr. Appeal (SJ) No.42 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No.42 of 2023
Niranjan Minz ..... Appellant
Versus
The State of Jharkhand .... Respondent
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the appellant : Mr. Nilesh Kumar, Advocate
Mr. Amit Kumar Choubey, Advocate
For the State : Mr. Ravi Prakash, Spl. PP
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5/28.04.2023 Heard learned counsel appearing on behalf of the appellant and
learned APP appearing on behalf of the State.
I.A. No.719 of 2023
2. Learned counsel appearing for the appellant submitted that I.A.
No. 719 of 2023 has been filed on behalf of the appellant with a prayer
to enlarge the appellant on bail during the pending of this appeal,
which has been preferred against the judgment of conviction dated
17.11.2022 and order of sentence dated 18.11.2022 passed by learned
Sessions Judge cum Special Judge NDPS Cases Chatra, in N.D.P.S.
case no. 131 of 2021, whereby and whereunder the appellant has been
found guilty for the offence punishable under section 15 (b) of the
NDPS Act and sentenced to undergo RI for four years and also to pay
fine of Rs. 10,000/- for the offence punishable under section 15(b) of
the NDPS Act and in default of payment of fine, he was deserved to
undergo simple imprisonment for eight months consecutively.
3. Learned counsel appearing on behalf of the appellant has
pointed out that the appellant being the driver is innocent and he has
no knowledge about the alleged contraband, which is being
transported in the same vehicle. Further it has also been pointed that
the co-accused Deepak Kumar Yadav is said to have been enlarged on
bail by this court in criminal appeal (SJ) No. 870 of 2022 vide order
dated 1st March 2023. Learned counsel appearing on behalf of the
appellant submitted that that prosecution has failed to determine the
2 Cr. Appeal (SJ) No.42 of 2023
correct weight of the seized contraband i.e. poppy straw (doda
powder) which was weighing 179.300 kg, as evident from para 24 of
the judgment where the learned court below has come to the
conclusion that there is no substantive evidence adduced by the
prosecution, on the basis of which it can be ascertained that the
recovered and seized opium or doda powder was of commercial
quantity and as a matter of fact the doda powder recovered came
under the small quantity. It has also been submitted that the learned
court below has also committed error and sweepingly passed the
order without any basis that the seized quantity of opium or doda was
intermediary i.e. between small quantity and commercial quantity and
both the seizure list witnesses P.W. 6 & 7 did not depose about the
correct weight of the opium which is alleged to have been recovered
from the possession of the appellant. Further it has also been
submitted on behalf of the appellant that the maximum punishment as
awarded is four years and this appellant has remained in jail about 1
year and 10 months from 12.06.2021 till today and also this appeal is
not likely to be heard in near future and therefore he deserves to be
enlarged on bail.
4. On the other hand, learned Spl. P.P. appearing for the State
opposed the contentions raised one behalf of the appellant and
submitted that the doda powder/ opium which is said to have been
recovered from the possession of the appellant has rightly been weight
as 179.300 kg as evident from the statement of the I.O. and seizure list
witnesses and it is also submitted that even the finding of the learned
trial court is also bad in law, where it has been found by the learned
trial court that the doda powder which is alleged to have been seized
form the possession of the appellant is of intermediary quantity as it is
commercial quantity and therefore, this appellant does not deserve to
be enlarged on bail.
5. Having heard the learned counsel for the parties, perused the
records of this case.
3 Cr. Appeal (SJ) No.42 of 2023
6. In the light of the persuasive submission advanced on behalf of
the appellant, it is found just and proper to enlarge the appellant on
bail during the pending of this appeal and accordingly this appellant
is directed to be enlarged on bail during the pending of this appeal, on
furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousands
only) with two sureties of the like amount each, to the satisfaction of
learned Sessions Judge cum-Special Judge, NDPS Cases Chatra, in
N.D.P.S. Case No. 131 of 2021, subject to the condition as laid down
u/s. 439 of Cr.P.C. and also subject to the further condition that the
appellant shall deposit the entire fine amount to a sum of Rs. 5000/-
(Rupees Five Thousand Only) in all the counts or the heads without
being prejudiced to the right of defense as awarded by the learned
court below.
7. Accordingly, I.A. No. 719 of 2023 gets disposed.
8. Let this case be listed along with Cr. Appeal (SJ) No. 870 of 2022
under the heading "for hearing" in seriatim.
(Navneet Kumar, J.)
R.Kumar
