Jharkhand High Court
Yugesh Kumar Ganjhu @ Yugesh Kr. Ganjhu vs The State Of Jharkhand on 5 March, 2025
Author: Navneet Kumar
Bench: Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 531 of 2024
Yugesh Kumar Ganjhu @ Yugesh Kr. Ganjhu, aged 32 years, S/o Gandauri
Ganjhu; R/o Village- Bandaru, P.O. + P.S.- Lawalong , District- Chatra
--- --- Appellant
Versus
The State of Jharkhand --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Appellant : Mr. Gopal Krishna Sinha, Advocate
Ms. Priyanka Bobby, Advocate
Ms. Chanchal Chhaya, Advocate
Mr. Vaibhav Joshi, Advocate
For the State : Mr. Sunil Kumar Dubey, A.P.P.
I.A. No. 11278 of 2024
06/05.03.2025 Heard learned counsel for the appellant and the learned A.P.P.
representing the State.
2. The instant interlocutory application has been filed for
suspension of sentence of the appellant by enlarging him on bail
during pendency of the instant criminal appeal, which has been
preferred against the judgment of conviction dated 15.06.2024 and
order of sentence dated 26.06.2024 passed in N.D.P.S. Case No. 95 of
2023 arising out of Lawalong P.S. Case No. 18 of 2023 by the learned
Sessions Judge-cum-Special Judge, NDPS Cases, Chatra whereby the
appellant has been convicted for the offence punishable under Section
18 of the NDPS Act and has been sentenced to undergo R.I. for 7
years with a fine of Rs.20,000/- and a default sentence of R.I. for 6
months.
3. It is submitted on behalf of the appellant that appellant is in
custody since 26.03.2023 and the maximum sentence awarded to the
appellant is 7 years. Further, it has also been submitted that similarly
situated co-convict Fagun Ganjhu, who was also riding on the
motorcycle along with the appellant has been enlarged on bail by a co-
ordinate Bench of this Court in Cr. Appeal(SJ) No. 483 of 2024 vide
order dated 17.12.2024.
4. It has further been submitted that in this case the prosecution
has failed to comply with the mandatory provision of Section 52-A of
the NDPS Act in which inventory is to be prepared and sampling has
to be done before the Magistrate and thus, the entire prosecution case
has been vitiated.
5. Further, it has been submitted that the alleged recovered opium
from the possession of the appellant is 2 kg, which comes within the
intermediary quantity i.e., between the minimum and commercial
quantity and there is nothing on record to show the criminal history of
the appellant and therefore, it is urged to enlarge the appellant on bail
by suspending his sentence during pending of this appeal
6. On the other hand, learned A.P.P. appearing on behalf of the
State has opposed the contentions raised by the appellant and
submitted that from the conscious possession of the appellant 2 Kg of
opium has been recovered and he is directly involved in the
commission of offence since the opium has been recovered from the
possession of appellant only and the co- convict Fagun Ganjhu, who
has been enlarged on bail by a co-ordinate Bench of this Court was
only sitting with the appellant on the motorcycle. Therefore, it is
prayed that appellant may not be enlarged on bail by suspending his
sentence.
7. Heard the parties, perused the record of the case including the
trial court record, depositions of witnesses and other exhibits.
8. In view of the persuasive submission advanced by the learned
counsel for the appellant, it is found just and proper to enlarge the
appellant on bail.
9. Accordingly, the appellant named above is directed to be released
on bail on furnishing of bail bond of Rs.25,000/- (Rupees Twenty Five
thousand) with two sureties of the like amount each to the satisfaction of
learned Sessions Judge-cum-Special Judge, NDPS Cases, Chatra in
connection with NDPS Case No. 95 of 2023 arising out of Lawalong P.S.
Case No. 18 of 2023 .
10. I.A. No. 11278 of 2024 is allowed.
(Navneet Kumar, J.)
A.Mohanty
2 Cr. Appeal (SJ) No. 531 of 2024
