Komal Prasad Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 8530 MP

HIGH COURT OF MADHYA PRADESH

Cri. Appeal No.3913/2021

(Komal Prasad Yadav Vs. State of M.P.)

Jabalpur, Dated 09.12.2021

Shri Sourabh Singh, Advocate for the appellant.

Shri Utkarsh Agrawal, PL for the State.

Heard on admission.

The appeal seems to be arguable, hence, admitted for final

hearing.

Also heard on IA No.12102/2021, an application for

suspension of sentence and grant of bail to the appellant.

The appellant has been convicted under Section 20 (b) (ii)

(B) of NDPS Act and sentenced to five years' R.I.and fine of

Rs.20,000/-,with default stipulation in SPL Case No.02/2015 by

Special Judge (NDPS),Anuppur vide judgment dated 27.11.2020.

Learned counsel for the appellant referring to the evidence

of Jamuna Prasad Pandey (PW.9) has stated that the procedure

regarding the search and seizure and seal of the contraband has

not been followed. It is further pointed out that a joint notice that

was issued to the accused persons is illegal. He further pointed

out that all the seizure witnesses have turned hostile. It is lastly

submitted that the appeal would take considerable time to

dispose of finally, hence remaining jail sentence of appellant may

be suspended and he may be released on bail.

Learned PL appearing for the State has opposed the

application.

Considering that the investigating officer has confirmed

that the procedure relating to seizure, seal and label of

contraband has not been properly adhered to, and the fact that

appellant has remained in custody during trial from 11.11.2014 to

29.01.2015 and thereafter from 27.11.2020 till date, this

application is allowed.

Remaining jail sentence of the appellant is hereby

suspended and it is directed that subject to depositing the fine

amount and furnishing a personal bond in the sum of Rs.

1,00,000/- (Rs. One Lac Only) with one surety in the like

amount to the satisfaction of the trial Court concerned, the

appellant shall be released on bail with a further direction to

appear before the Registry of this Court firstly on 22nd

August,2022, and also on such other dates as may be fixed by

the Registry in this regard during pendency of this appeal.

List the appeal for final hearing in due course.

Certified copy as per rules.

(Nandita Dubey) Judge.

jk.

Digitally signed by JITIN KUMAR CHOURASIA Date: 2021.12.09 17:33:08 +05'30'