Kerala High Court
Hijas vs State Of Kerala on 4 June, 2024
Author: K. Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
Tuesday, the 4th day of June 2024 / 14th Jyaishta, 1946
CRL.M.A 1/2022 IN CRL.A NO. 1266 OF 2022
SC 552/2020 OF SPECIAL COURT (ATROCITIES AGAINST SC/ST), MANJERI, MALAPPURAM
PETITIONER/APPELLANT/ACCUSED NO 1:
HIJAS AGED 24 YEARS S/O.ABDUL RASAK, VETTILAKATH HOUSE, MANKAVU
P.O., KOZHIKODE CUSBA, KOZHIKODE , PIN - 673007
RESPONDENT/RESPONDENT/STATE:
STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA-682031 (CRIME NO.426/2020 OF KONDOTTY POLICE STATION)
Application praying that the circumstances stated therein the
Highcourt be pleased to suspend the execution of sentence passed in SC No.
552/2020,by the Special Court For SC/ST(POA)Act & NDPS Act
Cases,Manjeri,till the disposal of the Criminal Appeal filed by the
appellant.
This Criminal appeal coming on for orders,upon perusing the
application and upon hearing the arguments of
ADVS.S.RAJEEV,V.VINAY,M.S.ANEER,PRERITH PHILIP JOSEPH,SARATH
K.P.,ANILKUMAR C.R. Advocates for the petitioner and PUBLIC PROSECUTOR
for the respondent,the court passed the following:
K.BABU, J.
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Crl.M.A.No.1 of 2022 in Crl.A.No.1197 of 2022
&
Crl.M.A.No.1 of 2022 in Crl.A.No.1266 of 2022
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Dated 4th June, 2024
ORDER
These are applications seeking suspension of sentence.
2. The petitioners/appellants are the accused in
S.C.No.550/2020 on the file of the Special Court for SC/ST (POA) Act &
NDPS Act cases, Manjeri. The appellant in Crl.A.No.1266 of 2022 is
accused No.1 and the appellant in Crl.A.No.1197 of 2022 is accused
No.2. They have been convicted for the offences punishable under
Sections 22(b), 22(c) and 29(1) of the Narcotic Drugs and Psychotropic
Substances Act and sentenced to undergo rigorous imprisonment for a
period of 10 years each and pay a fine of Rs.1,00,000/- each.
The prosecution case
3. On 5.6.2020 at 8 p.m. at Neettanimmal, within the limits
of Kondotty Municipality, the accused were found travelling on a motor
cycle bearing registration No.KL 11 BE 4729, accused No.1 possessing
0.190 grams of LSD stamps and accused No.2 possessing 3.740 grams
of methamphetamine, having conspired together for sale.
Crl.M.A.No.1 of 2022 in Crl.A.No.1197 of 2022 &
Crl.M.A.No.1 of 2022 in Crl.A.No.1266 of 2022
4. The learned counsel for the appellants submitted that the
judgment of conviction is not sustainable and that there is every chance
that the appeals will be allowed in favour of the appellants on the
ground that the prosecution failed to establish that the contraband
substance allegedly seized from the place of occurrence eventually
reached the forensic science laboratory. The learned counsel submitted
that though the arrest and seizure were effected on 5.6.2020 the
properties were produced before the Court only on 8.6.2020. It is
further submitted that the delay in the production of the properties,
including the sample, has not been satisfactorily explained by the
prosecution. The learned counsel has taken me to the deposition of
PW1 in support of his contention.
5. The petitioners/appellants have been in custody since
5.6.2020. Having regard to the nature of challenge raised by the
appellants and the further fact that they had undergone imprisonment
for a period of four years, I am of the view that the sentence imposed
on the appellants can be suspended on conditions. Accordingly, the
execution of the sentence imposed on the petitioners/appellants shall
stand suspended and bail granted to them on the following conditions:-
(i) The petitioners/appellants shall execute bond for
Rs.2,00,000/- (Rupees Two lakhs only) each with two
Crl.M.A.No.1 of 2022 in Crl.A.No.1197 of 2022 &
Crl.M.A.No.1 of 2022 in Crl.A.No.1266 of 2022
solvent sureties each for the like sum to the satisfaction
of the trial Court.
(ii) The petitioners/appellants shall also deposit Rs.50,000/-
(Rupees fifty thousand only) each being half of the fine
amount in the trial Court within a period of three months
from today.
(iii) The petitioners/appellants shall appear before the
Investigating Officer, on the first and last Saturdays of
every month between 10.00 a.m. and 11.00 a.m.
(iv) The petitioners/appellants shall not involve in any other
offence while on bail.
Sd/-
K.BABU
Judge
TKS
04-06-2024 /True Copy/ Assistant Registrar
