Manish Kumar Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 13889 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                       CRA No. 3938 of 2023
                                           (MANISH KUMAR TIWARI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 24-08-2023
                                  Shri Siddharth Datt- Advocate with Shri Dhiresh Singh Dubey -

                           Avocate for appellant.
                                  Shri Akhilendra Singh- Government Advocate for respondent/State.

Heard on I.A No. 6122 of 2023, a first application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant- Manish

Kumar Tiwari arising out of judgment dated 20.02.2023 delivered in NDPS 76/2020 by Additional Special Judge (N.D.P.S.) Act in Crime No. 0171 of Police Station Suhagi District-Rewa.

The appellant has been convicted under Section 8(c), 21 (c) in alternate 8(c), 21 (c) r/w Section 29, 8(c), 21(c) r/w Section 25 of NDPS Act, 1985 and sentenced to undergo R.I. for 12 years with fine of Rs.1 Lac with default stipulation.

As per the appellant/accused, he is innocent. The police has filed false case against him for possession of 120 pieces of vigs onrex cough syrup.

Investigation is totally against provisions of NDPS Act, 1985. Sheshmani Verma (PW-9), the then Assistant Sub-Inspector of Police in his statement before the Court in cross-examination in paragraph-15 has accepted the suggestion that the seized contraband cartoons were not sealed properly. Similarly, in paragraph-16 of cross-examination, he has accepted that he did not smell or taste the material of the seized bottle. In paragraph-19 witness has further accepted the suggestion that there was judicial officer as well as other gazetted officers nearby his police station but in the intervening period of 2 Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 25-08-2023 17:38:08

hours and 25 minutes, he did not attempt to get search warrant. Again in paragraph-27, he has accepted that in the FIR ( Ex. P/33), the name of some other police officer was covered by white fluid and thereafter, "Sheshmani Verma" was written but, according to the witness, he did not make this change. In paragraph-35, this investigating officer has accepted the suggestion that appellant/accused Manish Kumar Tiwari was not taken in custody from the car, infact the witness says that he was not found in car but, he was taken into custody while standing on National Highway-30 road.

In statement under Section 313 of Cr.P.C, the appellant/accused has stated that he had old enmity with one of his relative, who at the relevant time

was posted at police station Suhagi.

During the course of arguments, learned counsel for the appellant referred to the judgment of Hon'ble Apex Court in (2016) 3 SCC 379 (Union of India Vs. Mohanlal) wherein it was opined and directed that seized contraband on the spot needs to be handled for the purpose of sampling as per the procedure prescribed in the Standing Order No. 1/89, which has not been done as per total substance of Court statement of Sheshmani Verma (PW-9).

The final hearing of this appeal will take considerable time. Considering the aforesaid, it is prayed that the remaining jail sentence of appellant may be suspended. It is further submitted that the appellant/accused remained in custody from 15-07-2020 to 17-06-2022 and again from the date of judgment i.e. 20-02-2023 till now.

Learned Govt. Advocate opposed the prayer on the basis of objection. Considering the aforesaid arguments and without expressing any conclusive opinion of the merits of the case, we deem it proper to suspend the

Signature Not Verified remaining jail sentence of the appellant. Accordingly, I.A No. 6122 of 2023 is Signed by: PARMESHWAR GOPE Signing time: 25-08-2023 17:38:08

allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant - Manish is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.3,00,000/- (Rupees Three Lakh only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Rewa on 30th October, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                                (SUJOY PAUL)                              (AVANINDRA KUMAR SINGH)
                                   JUDGE                                           JUDGE

                           PG




Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 25-08-2023
17:38:08