Riyaj Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 5346 MP

                                  - : 1 :-


HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
   (SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)
                   CRA No. 6168/2020
              (Riyaj Khan V/s. State of M.P.)

Date: 13.09.2021 :
      Shri Manish Yadav, learned counsel for the applicant.
      Shri   Vikas     Jaiswal,   learned     Panel   Lawyer    for   the
respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.8425/2020, first application for suspension of custodial sentence awarded to the appellant- Riyaj Khan. The appellant stands convicted as under :

Section & Act. Imprisonment Fine Amount Imprisonment in lieu of default of payment of fine.

Section 8 (C) 10 years RI               1,00,000/-     Two         year
R/w 22 (C) of                                          Additional R.I.
N.D.P.S. Act

As per prosecution story, Sub Inspector Shivraj Singh Police Station- Pardeshipura, Indore received a discrete information on 12.04.2019, which he recorded in the rojnamcha and reached to spot alongwith police personnel and witnesses. As per the information given to him he found a person standing infront of Hukumchand Mill of a description given by the informant. After seeing the police force, he tried to fled away but with the help of police force, he was apprehended. He disclosed his name as Riyaj Khan. The notice under section 50 of NDPS was served upon him and he was personally searched. From his possession a white colour bag was found in which 14 strips of alprazolam was found. In each strips " Alprazolam Tablets IP 0.50 MG, Batch No.TSLT 1052 MFD No. 2018 EXP-OCT, 2021 was written. In one strip, 80 tablets were there. Accordingly, the total weight was found 112 gram. Since he failed to gave any valid explanation, therefore, the aforesaid offence has been registered against him. After completion of the investigation, charge-sheet was

- : 2 :-

filed on 07.08.2020. The charges were framed and prosecution examined nine witnesses. The appellant examined two witnesses namely Anand Naik (DW-1) and Deepika Naik (DW-2). After evaluating the evidence came on record, vide judgment dated 10.11.2020, he has been convicted and sentenced as stated above.

Learned counsel for the applicant submits that applicant has been falsely implicated in the present crime. He was merely a driver of loading vehicle. He is not involved any sale or purchase of alprazolam. He was given alprazolam by person for transportation. The police did not conduct any investigation in respect of ownership of the alprazolam tablets. He is first offender. The appeal is likely to take a considerable time for its final hearing and if his custodial sentence is not suspended, the application may be rendered infructuous. Hence, jail sentence of appellant may kindly be suspended.

Learned counsel appearing on behalf of State opposes the application by submitting the seized quantity is more than commercial quantity and the minimum sentence is 10 years. This is an appeal of 2020 only. The appellant is jail less than two years. As per the FSL report the seized contraband has been found as alprazolam.

I have heard learned counsel for the parties and perused the record of the trial court.

After considering the arguments advanced by the learned counsel for the parties, this court is of the view that at this stage, no case is made out for suspension of remaining jail sentence of the appellant. Accordingly, I.A. No.8425/2020 is hereby dismissed.

C.C. as per rules.

( VIVEK RUSIA ) JUDGE praveen/-

Digitally signed by PRAVEEN NAYAK Date: 2021.09.14 15:25:30 +05'30'