Madhya Pradesh High Court
Jaswant vs The State Of Madhya Pradesh on 17 October, 2022
Author: Satyendra Kumar Singh
1
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.9205 OF 2019
(Jaswant vs The State of Madhya Pradesh)
Indore, Dated 17.10.2022
Mr. Vikas Jain, learned counsel for the appellant.
Mr. Kaustubh Pathak, learned counsel for the
respondent/State.
Heard on IA No.7981/2022 which is an application for
urgent hearing of the case filed under Section 5 of the Limitation
Act, 1963.
Keeping in view the reasons mentioned in the application,
the same is allowed. Accordingly, IA No.7981/2022 stands
disposed off.
Also heard on IA No.7980/2022 which is first application
under Section 389 (1) of Criminal Procedure Code, 1973, filed on
behalf of appellant Jaswant S/o Badrilal who has been convicted
by Special Judge, NDPS Act, 1985, Neemuch in Special (NDPS)
Case No.11/2014 vide judgment dated 17.09.2019 and has been
sentenced him as under:
Conviction Sentence
Section & Act Imprisonment Fine Imprisonment in
Amount lieu of fine
8 r/w 18(B) of 10 years RI Rs.1,00,000/- 06 months RI
NDPS Act,
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.9205 OF 2019
(Jaswant vs The State of Madhya Pradesh)
Prosecution story, in brief, is that on 05.03.2014 after
receiving secret information, the Investigation Officer (IO) - Sub-
Inspector Shri R.K. Vyas along with other police personnels
intercepted the appellant with other co-accused persons namely;
Karulal and Jagdish and after complying with the mandatory
provisions of NDPS Act, 1985, seized 2.600 kilograms of Opium
from the possession of present appellant.
Learned counsel for the appellant submits that appellant was
found along with other co-accused persons namely; Karulal and
Jagdish on a motorcycle bearing registration No.RJ35SB-5817,
co-accused Karulal was found having 2.200 kilograms of Opium
and he has already been enlarged on bail by this Court on
29.09.2022 in Criminal Appeal No.10502 of 2022 and submits that
his case is similar to that of co-accused persons. He further
submits that notice under Section 50 of NDPS Act has been given
to the appellant which was not as per the provisions of NDPS Act,
as it is specifically mentioned therein that appellant can give his
search to the Investigating Officer. The provisions of Section 50 of
NDPS Act does not appears to have complied with. In support of
his contention he has relied upon the judgment of Rajasthan High
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.9205 OF 2019
(Jaswant vs The State of Madhya Pradesh)
Court in the case of State of Rajasthan vs. Parmanand (2014)
SCC 345). He further submits that appellant has already suffered
five years of jail incarceration which is more than 50% of ten
years sentence awarded to him. There is no likelihood of early
hearing of this appeal in near future. Hence, learned counsel prays
for enlargement of the appellant on bail.
Per contra, learned counsel for the respondent/State has
opposed the application and submits that appellant's case is
different from that of co-accused persons who have been granted
bail as the quantity seized from the appellant is above commercial
quantity. Hence the appellant is not entitled for suspension of
sentence.
Having considered the rival submissions and material
pointed out by the counsel for the appellant especially with regard
to notice Ex.P/5 under Section 50 of NDPS Act given to him at the
time of search and also considering the period of custody of
appellant which is more than 50% of the sentence awarded to him,
this application IA No.7980/2022 is being allowed.
It is directed that substantive jail sentence of appellant
Jaswant S/o Badrilal shall be suspended subject to his depositing
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.9205 OF 2019
(Jaswant vs The State of Madhya Pradesh)
the fine amount (if not already deposited) and on furnishing a
personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand)
with one local solvent surety of like amount to the satisfaction of
trial Court for his appearance before the Registry of this Court on
19.12.2022 and on all other subsequent dates as may be fixed by
the Registry in this behalf. Accordingly, application IA
No.7980/2022 stands disposed off.
Record has been received.
List the appeal for final hearing in due course.
Certified copy, as per Rules.
(SATYENDRA KUMAR SINGH)
JUDGE
Arun/-
Digitally signed by ARUN
NAIR
Date: 2022.10.17 19:53:57
+05'30'
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.9205 OF 2019
(Jaswant vs The State of Madhya Pradesh)
