Jharkhand High Court
Jamal Ansari @ Md. Jamal Ansari vs The State Of Jharkhand on 14 October, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 506 of 2024
Jamal Ansari @ Md. Jamal Ansari, aged about 47 years, S/o Late Nanhku
Mian, resident of Village- Baskupai, Nimapadwa, P.O. Remba, P.S. Hirodih,
District- Giridih ... Appellant
-Versus-
The State of Jharkhand ... Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Appellant : Mr. Praveen Shankar Dayal, Advocate
For the State : Mr. Manoj Kumar Mishra, A.P.P.
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05/14.10.2024 I.A. No. 8126 of 2024
Heard Mr. Praveen Shankar Dayal, learned counsel appearing for the
appellant and Mr. Manoj Kumar Mishra, learned counsel appearing for the
State.
2. This appeal has already been admitted and the L.C.R. is on the
record.
3. I.A. No. 8126 of 2024 has been filed for suspension of sentence and
grant of bail, during pendency of the present criminal appeal.
4. Learned counsel appearing for the appellant submits that the
appellant has been convicted and sentenced to undergo R.I. for 1 year with
fine of Rs.10,000/- for the offence under Section 22(a) of the Narcotic
Drugs and Psychotropic Substance Act and in default of payment of fine, he
is further directed to undergo S.I. for 3 months. The appellant is further
directed to undergo R.I. for 3 ½ years and fine of Rs.1,00,000/- for the
offence under Section 27(b)(ii) of the Drugs and Cosmetics Act and in
default of payment of fine to undergo S.I. for one year. He submits that the
direction is there that all the sentences will run concurrently. He submits
that the appellant was on bail during the pendency of trial. He further
submits that the alleged medicines which have been sent to Forensic
Science Laboratory did not bear any mark/number and the signature of the
appellant was not obtained from the sealed packet. He also submits that the
appellant was not involved in sale and purchase of the medicine and that
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has also not been proved in the trial. He then submits that the witnesses
examined by the prosecution have not supported their case and not any
person has come forward to say that he has got any medicine from the
clinic of the appellant. He submits that P.W.4 in para 3 has stated that the
appellant was not present in the clinic at the time of raid. He submits that
the appellant is in custody from the judgment of conviction i.e. 25.07.2024.
5. Learned counsel appearing for the State opposed the prayer on the
ground that even half of the sentence has not been completed by the
appellant.
6. Considering that the appellant was on bail during the pendency of
trial and P.W.4 has stated that the appellant was not present in the clinic at
the time of raid, during the pendency of the present criminal appeal, I am
inclined to enlarge the appellant 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 learned Sessions Judge, Giridih in
connection with N.D.P.S. Case No.02/2013, arising out of Hirodih P.S. Case
No.04/2013.
7. Accordingly, I.A. No.8126 of 2024 is allowed and disposed of.
(Sanjay Kumar Dwivedi, J.)
Ajay/
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