Mohanlal vs Central Narcotices Bureau ...
2021 Latest Caselaw 4994 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                          Cr.A. No.7872/2019
         (Mohanlal Vs. Central Narcotics Bureau, Neemuch)
                                 -1-
Indore, dated 03/09/2021
      Ms. Sonali Gupta, learned counsel for the appellant.

      Shri Manoj Kumar Soni, learned counsel for Central
Narcotics Bureau/respondent.

Heard on I.A. No.14888/2021 filed under Section 389(1) of Cr.P.C. for suspension of jail sentence on behalf of the appellant - Mohanlal.

The appellant suffered conviction and sentence as under:-

    Conviction                         Sentence

 Section Act        Imprisonment Fine details If Imprisonment
                                 deposited       in lieu of fine

  8/18      NDPS 10 Years R.I. Rs.1,00,000/- 1 Year R.I.

Learned counsel for the appellant/applicant submits that the judgment of the learned trial court is contrary to law and facts on record and the appellant is 78 years old person and suffering from so many health diseases and he is custody since 01.10.2014 and final conclusion of trial will take a considerable long time, in these circumstances, she prays that execution of jail sentence of the appellant be suspended.

Learned counsel for the respondent opposes the application and prays for its rejection by submitting that the appellant was absconded for 18 years and the seized quantity of the contraband is more than commercial quantity. He has placed reliance upon the HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Cr.A. No.7872/2019 (Mohanlal Vs. Central Narcotics Bureau, Neemuch)

judgment delivered by the Hon'ble Supreme Court in the case of The State (GNCT of Delhi) Narcotics Control Bureau Vs. Lokesh Chadha, 2021 (5) SCC 724.

After considering the facts and circumstances of the case and the nature and gravity of the allegations and also keeping in view the fact that in this offence, the conviction of the co-accused persons have been upheld by the Apex court and the appellant remained absconded for 18 years and the seized quantity of the contraband is more than commercial quantity, without commenting upon the merits of the case, in the considered opinion of this Court, no case is made out for grant of bail and for suspension of sentence. I.A. No.14888/2021 is, accordingly, dismissed.

Certified copy, as per rules.

(Anil Verma) Judge

N.R.

Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.09.07 13:49:47 +05'30'