Madhya Pradesh High Court
Ashish vs The State Of Madhya Pradesh on 12 March, 2021
Author: Rajeev Kumar Dubey
1 CRA-5388-2020
The High Court Of Madhya Pradesh
CRA-5388-2020
(ASHISH Vs THE STATE OF MADHYA PRADESH)
6
Jabalpur, Dated : 12-03-2021
Smt. Saritha Achary, learned counsel for the appellant.
Shri Mukund Chourasiya, learned PL for the respondent/State.
Heard on the question of admission.
Appeal seems to be arguable, hence it is admitted for final hearing.
Also heard on I.A.No.12295/2020, which is an application under
Section 389(1) of Cr.P.C. for suspension of the custodial sentence
passed against appellant Ashish. This appeal has been preferred against the
judgment dated 09/10/2020 passed by Special Judge (NDPS Act) Dindori in
Special Case No.10/2019 whereby learned Special Judge found
appellant guilty for the offence punishable under Sections 8 (c)/20(b)(ii)
(C) of NDPS Act and sentenced him to undergo 10 years R.I. with fine of
Rs. 1,00,000/- with default stipulation.
As per prosecution case, on 24/05/2019 on the information of the
informant Police stopped Maruti Van bearing registration No. MP/52-
BA/0430 being driven by appellant Ashish Kumar Sahu along with co-
accused Murari and Nokhelal travelling in that vehicle and seized 20
Kg. Ganja from that vehicle, which was illegally being carried by the appellant
and co-accused in that vehicle.
Learned counsel for the appellant submitted that the trial
Court without appreciating the evidence properly, wrongly found the
appellant guilty for the aforesaid offence. As per the prosecution case
police seized Ganja from the car bearing registration No. MP/52-BA/0430
which was being driven by the appellant. However both the independent
witnesses of seizure memo namely Subhash Maravi (PW1) and Purushottam
Waspe (PW4) clearly deposed that when police stopped the Maruti Van
Signature Not Verified
SAN
bearing registration No. MP/52-BA/0430, only two persons i.e. co-
Digitally signed by VARSHA SINGH
Date: 2021.03.15 18:34:21 IST
2 CRA-5388-2020
accused Ashish Kumar Sahu and appellant Nokhelal were in the vehicle and
co-accused Murari was standing outside the vehicle along with one sack in
which ganja was found which clearly shows that police seized ganja from
the possession of co-accused Murari, who was standing outside the car and
falsely implicated the appellant in the crime showing that ganja was seized
from the car. Even police seized Ganja from the possession of the co-
accused Murari and Nokhelal not from the possession of appellant. During
the trial of the case, the appellant demanded CCTV footage of the camera
fitted in the police station Gadasarai but police did not give the CCTV
footage, which shows that the police deliberately withheld the evidence which
could show that the appellant had falsely been implicated in the case.
Prosecution also did not comply with the provision of Section 50 of the
NDPS Act. The appellant has been in custody since 09/10/2020,
hence the sentence of the appellant be suspended and he be
released on bail since the hearing of this appeal is likely to take a long time.
On the other hand, learned counsel for the State opposed the prayer
and submitted that from the evidence of prosecution guilt of the appellant is
clearly proved beyond reasonable doubt, therefore, the learned trial Court has
rightly found the appellant guilty for the aforesaid offence. He further
submitted that though there is contradiction in the statement of independent
witnesses of seizure memo namely Subhash Maravi (PW1) and Purushottam
Waspe (PW4), according to the prosecution story on 24/05/2019 on
the information of the informant Police stopped Maruti Van bearing
registration No. MP/52-BA/0430 which was being driven by appellant Ashish
Kumar Sahu, co-accused Murari and Nokhelal were sitting on the back seat
and had kept one sack between them in which ganja was found. Subhash
Maravi (PW1) and Purushottam Waspe (PW4) in their court
statements deposed that when police stopped the vehicle bearing registration
No. MP/52-BA/0430 only two people i.e. appellant Ashish Kumar Sahu and
co-accused Nokhelal were in the vehicle. Appellant Ashish Kumar
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Digitally signed by VARSHA SINGH
Date: 2021.03.15 18:34:21 IST
3 CRA-5388-2020
Sahu was driving the vehicle and co-accused Nokhelal was sitting next to
him. Co-accused Murari was standing outside the vehicle along with one sack
in which Ganja was found. But that contradiction has no significance because
the Seizing officer, Akhilesh Dahiya (PW-6) clearly deposed that on receiving
information that three persons were coming in a Maruti van from Krazia side
possessing ganja, he went to the spot and stopped the vehicle bearing
registration No. MP/52-BA0430 which was being driven by co-accused
Ashish Kumar Sahu & Murari and appellant Nokhelal were sitting on the
back seat and seized one sack containing 20 kgs Ganja from their possession
which was being illegally carried by them in that vehicle. In this regard, there
is no infirmity in their statement which is also corroborated by the FIR
(Ex.P/28) and other documents prepared by him on the spot. So, the learned
trial Court did not commit any mistake in finding the appellant guilty for the
aforesaid offence. Hence, prayed for dismissal of the application for
suspension of sentence.
Looking to the facts and circumstances of the case, the contention of
the learned counsel of the state, the statement of Seizing officer, Akhilesh
Dahiya (PW-6) and the quantity of ganja seized by the police from the car
which was being driven by the applicant, this court is not inclined to
suspend the sentence of the appellant. Hence I.A.No.12295/2020 is
hereby rejected.
List the case for final hearing in due course.
(RAJEEV KUMAR DUBEY)
JUDGE
VS
Signature Not Verified
SAN
Digitally signed by VARSHA SINGH
Date: 2021.03.15 18:34:21 IST
