Baldeo Sao vs The State Of Jharkhand
2023 Latest Caselaw 641 Jhar

                                              1                Cr. Appeal (SJ) No.738 of 2022



               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Appeal (SJ) No.738 of 2022

         Baldeo Sao                                    .....    Appellant
                                   Versus
         The State of Jharkhand                        ....       Respondent

               CORAM:        HON'BLE MR. JUSTICE NAVNEET KUMAR

         For the Appellant         :        Mr. Anil Kr. Sinha, Advocate
         For the State             :        None
                                       -----

3/07.02.2023 Heard learned counsel appearing on behalf of the appellant. Nobody appears on behalf of the State.

2. Learned counsel appearing on behalf of the appellant submitted that one I.A. No.415 of 2023 has been filed on behalf of the appellant with a prayer to suspend the execution of order of sentence and grant of bail to the appellant during pending of this appeal.

3. It has been pointed out that this Court has already admitted this appeal, which has been preferred against the Judgment of Conviction and order of sentence dated 30.08.2022 and 31.08.2022 respectively passed by learned Sessions Judge cum Special Judge, NDPS, Chatra, whereby and whereuner the court below has held the appellant guilty in NDPS Case No.23 of 2015 arising out of Bashistanagar P.S. Case No.28 of 2015 and convicted and sentenced the appellant to undergo R.I. for four years and also fine of Rs.10,000/- (Rupees Ten Thousand only) for the offence punishable under Section 15(b) of the Narcotic Drugs and Psychotropic Substance Act, 1985 and in default of payment of fine, the appellant has to undergo S.I. for one year consecutively and the period undergone in custody during trial shall be set off.

4. It has been pointed out by learned defence counsel that the appellant has already remained in jail for more than one year including the pre- conviction period and the post-conviction period and the similarly situated co-appellants namely Laxman Yadav and Jyoti Kumar Ram have already been enlarged on bail vide Cr. Appeal (SJ) No.791 of 2022.

5. It has further been pointed out that the search and seizure, alleged to have been conducted, was not as per the prescribed procedure under 2 Cr. Appeal (SJ) No.738 of 2022

section 50 of the NDPS Act in the presence of any gazetted officer and further the seized articles were not also sent for chemical examination immediately after the alleged seizure from the conscious possession of the appellant and that too has been sent after a delay of about one month. Further it has also been submitted that the seizure witnesses, who have been examined as PW-6 & PW-7 have stated in their depositions that they were sitting in the police station and they did not have any knowledge as to what was written in the seizure list. It has further been pointed out that in the seizure list, even the quantity of the seized contraband has not been disclosed and therefore the entire prosecution case gets vitiated and only it has been mentioned that eight sacks of Doda / poppy straw have been recovered from the pickup van. It has further been submitted that neither the seizure list team was having the testing kit at the spot and therefore the alleged contraband, which have been seized from the conscious possession of the appellant, was not weighted and accordingly it is urged on behalf of the appellant that let the appellant be enlarged on bail during pending of this appeal.

6. Having taken into consideration the persuasive submission advanced on behalf of the appellant under the facts and circumstances of this case, the appellant Baldeo Sao is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the court of learned Sessions Judge cum Special Judge, NDPS, Chatra, in connection with NDPS Case No.23 of 2015, arising out of Bashistanagar P.S. Case No.28 of 2015, subject to the conditions as laid down under Section 439 of Cr.P.C. and further subject to the payment of Rs.10,000/- (Rupees Ten Thousand only) by the appellant as directed by the learned court below.

7. Accordingly, the I.A. No.415 of 2023 gets disposed of.

8. Let the original lower court records be called for and list this case under the heading 'for hearing' in seriatim along with lower court record and along with Cr. Appeal (SJ) No.791 of 2022.

(Navneet Kumar, J.) R.Kumar