Ramila vs The State Of Madhya Pradesh
2022 Latest Caselaw 987 MP

 THE HIGH COURT OF MADHYA PRADESH, INDORE
                  BENCH
                 CRA No.4130/2020


Indore, dated 20/01/2022
        Heard through video conferencing.
    Shri I.A. Mev, learned counsel for the appellants.
      Shri Vismit Panot, learned P.L.. for the respondent /State.

Also heard on I.A. No.20579/2021, second application filed under Section 389 (1) of Cr.P.C. for grant of suspension of jail sentence. First application was dismissed as withdrawn vide order dated 27.11.2020.

The appellants have been convicted and sentenced by the Special Judge (NDPS) Act, Jhabua vide judgment dated 10.02.2020 passed in Case No.01/2016 as under:

 Conviction                             Sentence
Sections and Act           Imprisonment Fine       Imprisonment     in
Act                                                lieu of fine
08/15/22        NDPS       10 years each One       1 Year
                                         Lac/-
                                         each

As per prosecution story, 136 KG of poppy straw was recovered from the accused persons from joint possession. Hence, the police has registered the case against the appellants.

Learned counsel for the appellant submits that the appellants are an innocent person and have falsely been implicated in the present case. The learned trial Court has erred in convicting the appellants without considering the evidence on record. At the time of seizure procedure, provisions of section 50 of the NDPS act has not been complied with. The appellants have completed more than half of the sentence and are in jail since 07.03.2016. Hence, the appellants may be granted suspension of jail sentence.

Learned counsel for the State has opposed the prayer by submitting that the provisions have complied with and the appellants were arrested with the contraband. Hence, no case for suspension is made out.

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

Accordingly, I.A. No.20579/2021 filed on behalf of appellants is allowed and it is directed that subject to deposit fine amount and on furnishing personal bond by appellants in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety in the like amount to the satisfaction of the learned trial Court, for their regular appearance before the registry of this Court, the execution of custodial part of the remaining sentence imposed against the appellants shall remain suspended, till the final disposal of this appeal.

The appellants, after being enlarged on bail, shall mark their presence before the registry of this Court on 25.02.2022 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

Certified copy, as per rules.

This is an admitted appeal.

List for final hearing in due course.

(Rajendra Kumar (Verma)) Judge

amit

AMIT Digitally signed by AMIT KUMAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=18db6b55824fa1834dc7e61d06ed3c 79a81bc156ec0309c5245d47a0a52604de,

KUMAR pseudonym=713D9BD68EDDADCD6B88DA2B 1BCDCFC0369478F5, serialNumber=62B9B1A094FCDF2F0107E9132 6BC51DC9DCF83F25C9D67245FE3BCCFD0F2 DB67, cn=AMIT KUMAR Date: 2022.01.21 09:24:39 +05'30'