Ranjeet Kumar @ Ranjit Kumar vs The State Of Jharkhand
2023 Latest Caselaw 2954 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Cr. Appeal (S.J.) No. 71 of 2023
        Ranjeet Kumar @ Ranjit Kumar             ... ...Appellant
                            Versus
        The State of Jharkhand                   ... ...Respondent
                             ---------

CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

For the Appellant : Mr. P.S.Dayal, Advocate. For the State : Mr. Ravi Prakash, Spl. P.P.

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05/ 17.08.2023 I.A.No.1415 of 2023 The instant Interlocutory Application is under Section

389(i) of Cr.P.C. with the prayer to suspend the sentence and to

release the appellant on bail during the pendency of this Cr.

Appeal.

2. The learned Counsel for the appellant has submitted that

as per allegations made in the prosecution story 2 k.g. opium

alleged to be recovered from the Dickey and both were boarding

by the one motorcycle and by the impugned order the appellant

has been convicted but the learned trial court did not appreciate

the evidence of P.W. 2 and P.W. 3 who are independent

witnesses of the seizure memo and did not prove the recovery.

The other independent witness P.W.4 Manoj Kumar, P.W.5

Jagdish Thakur and P.W.6 Gopi Yadav have also been declared

hostile. Only taking into consideration the testimony of the

police personnel who were the members of raiding party the

Judgment of conviction and sentence has been passed.

3. The learned Spl. P.P. opposed the contentions made by

the learned Counsel for the appellant and contended that

though the independent witness of the seizure memo did not

support the the prosecution story and some of the independent

witnesses have also been declared hostile yet the prosecution

case is thoroughly proved from the testimony of police personnel

whose testimony holds the same significance like that of private

person. Unless and until it is shown on behalf of the appellant

that the police was prejudiced from him. There is no such

contrary evidence adduced on behalf of the accused persons in

defence. The recovered contraband was also confirmed to be

opium in view of the F.S.L. report.

4. In view of the submissions made and the material on

record, it is a fit case for suspension of sentence and accordingly

this Interlocutory Application is hereby allowed.

5. The sentence inflicted shall remain in abeyance during the

pendency of this Cr. Appeal.

6. In consequence thereof, pending hearing of this Cr.

Appeal, the appellant is directed to be released on bail on

furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

with two sureties of like amount each to the satisfaction of the

Sessions Judge cum Special Judge, N.D.P.S. Cases, Chatra in

connection with N.D.P.S. Case No. 114 of 2019.

7. In view thereof, I.A.No.1415 of 2023 is disposed of.

Cr. Appeal (S.J.) No. 71 of 2023

This Cr. Appeal has been preferred on behalf of the

appellant Ranjeet Kumar @ Ranjit Kumar against the Judgment

of conviction dated 15.12.2022 and sentence dated 20.12.2022

passed by the learned Sessions Judge cum Special Judge,

NDPS, Chatra in N.D.P.S. Case No. 114 of 2019 whereby the

appellant was convicted for the offence under Section 18 (c) of

NDPS Act and punished with imprisonment of 4 years R.I. and

a fine of Rs.5,000/- and in default of payment of fine, six

months S.I. was directed to be served.

Scanned copy of record of learned lower court be

called for.

List this Cr. Appeal for hearing as per seriatim.

(Subhash Chand, J.)

P.K.S.