Moeen Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 911 MP

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                                                                                     CRA No.244/2021

              High Court of Madhya Pradesh, Jabalpur
                          Bench at Indore
             Criminal Appeal No.244/2021
Indore, Dated 19.01.2022
         Hearing through Video Conferencing.

         Shri Rishi Tiwari, learned counsel for appellant No.1 Moeen

Khan s/o Mustakeen Khan.

         Shri Sameer Verma, learned Panel Lawyer for the respondent /

State of Madhya Pradesh.

Heard on IA No.19489/2021, first application under Section 389

(1) of the Code of Criminal Procedure, 1973 for suspension of jail

sentence and grant of bail filed on behalf of appellant No.1 Moeen

Khan s/o Mustakeem Khan.

The present appellant has been convicted and sentenced by

learned Special Judge (under NDPS Act), Dewas, District Dewas (MP)

in Special Sessions Trial No.05/2018 vide judgment dated 10 th

November, 2021, as under: -

                  Conviction                              Sentence
    Section            Act       RI       Fine amount        Imprisonment in lieu of fine
    8 r/w 20        NDPS Act   10 years   Rs.2,00,000/-              3 years RI
   (b) (ii) (C)

Shri Rishi Tiwari, learned counsel for the appellants has argued

at length to submit that the present appellant has been falsely

implicated in the case and the prosecution has made all attempts to

screen the real offender, owner of the vehicle in which the contraband

of 28.700 kilograms of Ganja was found and it is alleged that the

CRA No.244/2021

present appellant in a secret cavity below the seat of the Driver and

Cleaner; and appellant Moeen Khan was a Driver whereas appellant

No.2 Vikram Sen s/o Late Badrilal Sen was the Cleaner.

Learned counsel for the appellants has also drawn the attention

of this Court to para 73 of the impugned judgment wherein a notice has

also been issued to the Investigating Officer Shri SPS Raghav to show

cause as to why the Court should not proceed against him for having

given false evidence.

Learned counsel for the respondent / State, on the other hand,

has opposed the prayer and it is submitted that no case for grant of

suspension of sentence is made out, as the learned Judge of the trial

Court has rightly appreciated the evidence.

On due consideration of the rival submissions and on perusal of

the record, this Court finds that at the time of seizure of the

contraband, both the present appellant and co-appellant Vikram Sen

were travelling in the vehicle and the contraband was kept below the

seat occupied by them in the truck.

In such circumstances, no case for grant of suspension of

sentence is made out.

Accordingly, IA No.19489/2021 being devoid of merits is

hereby dismissed.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.01.21 10:40:53 +05'30'