Jharkhand High Court
Ram Munda vs The State Of Jharkhand on 12 September, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 273 of 2023
Ram Munda ... Appellant
-Versus-
The State of Jharkhand ... ... Respondent
CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Appellant :- Mr. Vishal Kumar Tiwary, Advocate
For the State :- Mr. Satish Prasad, APP
...
06/12.09.2023: IA No. 4158 of 2023
Heard the learned counsel for the appellant as well as the learned
counsel for the State on the interlocutory application filed by the appellant for
suspension of sentence during the pendency of this criminal appeal.
This criminal appeal was directed against the judgment of conviction
dated 21.03.2023 and the order of sentence dated 27.03.2023, passed by the
learned District & Additional Sessions Judge-II-cum-Special Judge, NDPS Act,
Khunti in NDPS Case No. 19 of 2021, whereby and whereunder, the appellant
has been convicted under section 18(c) of the NDPS Act and sentenced to
undergo 5 years RI and fine of Rs.50,000/- and in default of payment of fine
further sentenced to undergo SI for 2 years.
The learned counsel for the appellant has submitted that the
conviction is done for only 850 grams of opium, which is much below the
commercial quantity. The learned counsel has further submitted that the
commercial quantity is 2.50 kg. The learned counsel has then referred to Rule-
11 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage,
Sampling and Disposal) Rules, 2022, which reads as under:
"11. Quantity to be drawn for sampling. - (1) Except in cases
of opium, ganja and charas (hashish), where a quantity of not
less than twenty-four grams shall be drawn for each sample,
in all other cases not less than five grams shall be drawn for
each sample and the same quantity shall be taken for the
duplicate sample.
(2) ... ...
(3) ... ..."
The learned counsel has further submitted that one sample that has
been taken, has to be of 24 grams and if another sample has to be taken in
duplicate that has also to be of 24 grams. The learned counsel has further
submitted that as per the evidence of PW-2, PW-3 and PW-5, who were Sub
Inspectors and were members of raiding party, single sample of 10 grams of
opium was taken as sample. The learned counsel has further submitted that this
quantity is not the requirement under Rule-11 of the Narcotic Drugs and
Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules,
2022. The learned counsel has further submitted that it is even far below 24
grams. The learned counsel has further submitted that PW-1, who is the FSL
expert, has said that the sample was only of 8 ml opium liquid, therefore, this is
also strange why the solid material was referred to as liquid. The learned
counsel has further submitted that when the sampling itself is wrong then it
would not be appropriate to sustain the conviction of the appellant. The learned
counsel has further submitted that the appellant is in custody for about 7
months and 8 days. Therefore, his prayer for suspension of sentence, during
pendency of this criminal appeal, may be considered.
Learned counsel for the State has opposed this interlocutory
application for suspension of sentence, during the pendency of this criminal
appeal.
Having gone through the records of the case, considering the
arguments advanced by the learned counsel for the parties and in the facts and
circumstances, I am inclined to suspend the sentence during pendency of this
criminal appeal and accordingly, present appellant, named above, is ordered to
be released on bail, during pendency of this criminal appeal, on executing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the
like amount each to the satisfaction of the learned District & Additional
Sessions Judge-II -cum-Special Judge, NDPS Act, Khunti in NDPS Case No.
19 of 2021.
Accordingly, IA No. 4158 of 2023 stands disposed of.
S.B. (Ratnaker Bhengra, J.)
