Jharkhand High Court
Sandeep Sarkar vs The State Of Jharkhand on 20 January, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No.654 of 2022
Sandeep Sarkar ..... Appellant
Versus
The State of Jharkhand .... Respondent
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Appellant : Mr. Pawan Kr. Pathak, Advocate
For the State : Mr. Ravi Prakash, APP
-----
6/20.01.2023 Learned counsel for the appellant and learned counsel for the
State are present.
Learned defense counsel appearing on behalf of the appellant
submitted that this case has already been admitted, which has been
preferred against the judgment of conviction dated 01.08.2022 and
order of sentence dated 12.08.2022, passed by learned Addl. Sessions
Judge-VI, Hazaribagh in NDPS (GR) Case No.3942 of 2015, CNR
No.JHHB01-004166-2015 arising out of Sadar P.S. case No.1079 of 2015,
whereby and where under the appellant was convicted for the offence
under section 20 of the Narcotic Drugs & Psychotropic Substance
(NDPS) Act and he was sentenced to undergo R.I. for 5 years and a
fine of ₹10,000/- and in case of default of payment of fine, further
simple imprisonment for 2 months.
It has further been submitted by learned defense counsel
appearing on behalf of the appellant that one I.A. No. 8266 of 2022 has
been filed releasing the appellant on bail during the pending of this
appeal.
Learned defense counsel appearing on behalf of the appellant
submitted that the appellant is in jail since 01.08.2022 after conviction
till date and during the course of trial, he also remained in jail for
substantive period of time and as such he remained in jail for more
than 6 months in total. Further it has also been pointed out that the
contraband, which alleged to have been recovered from the possession
of the petitioner, i.e. 2.50 gram of ganja, which comes under the
preview of a small quantity. It has been pointed out that the conviction
is totally based on non-appreciation of evidences adduced on behalf of
the prosecution, in view of the fact that that seizure list does not bear
the signature of the accused persons, from whom, it is alleged to have
been recovered of 17 puriya of ganja from the gumti (Betel shop) of the
appellant. Further it has also been pointed out that the learned court
below has also opined that no provision of section 50 of NDPS Act has
been followed and still the appellant has been convicted under section
20 of the NDPS Act.
On the other hand, learned special PP appearing on behalf of the
state opposed the contentions raised on behalf of the appellant and
submitted that there is no application of section 50 of the NDPS Act in
the present case because the alleged contraband alleged to be have
been recovered from the said gumti and not from the physical
possession of the appellant.
Having heard the parties, perused the record of this case.
In the backdrop of the submissions advanced on behalf of the
parties and under the facts and circumstances of this case, this
appellant Sandeep Sarkar 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 Addl. Sessions Judge-VI, Hazaribagh in connection
with NDPS (GR) Case No.3942 of 2015, CNR No.JHHB01-004166-2015
arising out of Sadar P.S. case No.1079 of 2015, subject to the conditions
as laid down under Section 439 of Cr.P.C. and subject to payment of
fine amount of ₹10,000/- (Rupees ten thousand only) as awarded by
the learned court below without being prejudiced to the right of his
defense.
Accordingly, the I.A. No. 8266 of 2022 gets disposed of.
(Navneet Kumar, J.)
R.Kumar
