Madhya Pradesh High Court
Kartik @ Bacchu Pandey vs The State Of Madhya Pradesh on 1 December, 2023
Author: Sheel Nagu
Bench: Sheel Nagu
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5068 of 2023
(KARTIK @ BACCHU PANDEY Vs THE STATE OF MADHYA PRADESH)
Dated : 01-12-2023
Mr. Anil Khare - Senior Advocate with Mr. Priyank Agrawal Advocate
for appellant.
Mr. Pramod Kumar Pandey - Government Advocate for State
Trial Court record has been received.
Heard on admission.
Trial Court record perused.
Prima facie, this appeal seems to be arguable. Hence admitted for final
hearing.
Heard on I.A. No.23842/2023, which is the second application under
Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to
appellant, pending the appeal. On 28.04.2023, the appellant was granted the
benefit of temporary bail vide I.A. No.7988/2023.
Appellant has been convicted for commission of offence under Section 8
(C), 21(C) read with 29 of the Narcotic Drugs and Psychotropic Substances
Act, 1985 and has been sentenced to undergo R.I. for 14 years with fine of
Rs.1,50,000/- with default stipulation vide judgment dated 17.03.2023 delivered
by Special Judge (N.D.P.S), Rewa in SCNDPS No.31/2020 (State of M.P. Vs.
Kartik Pandey and others).
As per the prosecution case, on 19/10/2019, on the information of
informant that a large quantity of onrex cough Syrup is being brought to
appellant Kartikey Pandey's house by pickup van bearing registration No.MP-
04-CB-3252 and which will be brought to his house between 4:00 am to 5:00
Signature Not Verified
Signed by: JULIE SINGH
Signing time: 12/1/2023
7:08:31 PM
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pm, Mahendra Singh Sub-Inspector, Police Station Chorhata District Rewa
along with other members of the police force went to the spot, where he found
that one pickup van bearing registration No.MP-04-CB-3252 was standing in
front of applicant Kartikey Pandey @ Bacchua's house situated at Shivkanth
Nagar (Tekua) Rewa. The driver of the said vehicle co-accused Virendra
Sharma and appellant Kartikey Pandey @ Bacchu were standing near the
vehicle. On interrogation, Virendra Sharma informed the police that he loaded
onrex cough syrup from Rahul Kushwaha's residence located at Minal Bhopal
on 18/08/2019 to deliver the same to the applicant on behalf of Santosh Shukla.
In search of that vehicle, 9600 bottles of onrex cough syrup (960 liters)
containing codeine phosphate were found. On that Mahendra Singh, Sub-
Inspector seized 9600 bottles of onrex syrup from the joint possession of the
appellant and co-accused Virendra Sharma.
Learned counsel for the appellant submitted that the appellant has not
committed any offence. He has been erroneously convicted by the trial Court.
There is no evidence against the appellant and only on the basis of
memorandum recorded under Section 27 of the Evidence Act, he has been
implicated in this case and only on that basis, the Special Judge has convicted
the appellant. He has further submitted that the appellant is not the owner of
pickup van bearing registration No.MP-04-CB-3252 in which the contraband
was recovered. The contraband has not been recovered from the house of the
appellant and as per the prosecution case itself, the consignment was to be
delivered to one Santosh Kumar Shukla, who has been acquitted by the trial
Court. The appellant has no criminal antecedents and he is in custody since
17.12.2019. The appellant has fair chance to succeed in the appeal and there is
Signature Not Verified
n o possibility of hearing of this appeal in near future. Therefore, if the
Signed by: JULIE SINGH
Signing time: 12/1/2023
7:08:31 PM
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execution of jail sentence of appellant is not suspended, the purpose of filing
this appeal would become futile. Therefore, it has been prayed that the
execution of jail sentence of appellant be suspended and he be released on bail.
On the other hand, learned counsel for the respondent/State has opposed
the grant of bail to the appellant.
Having considered the fact that the appellant has been convicted only on
the basis of memorandum recorded under Section 27 of the Evidence Act and
the fact that there is no possibility of hearing of this appeal in near future, we are
inclined to suspend the remaining jail sentence of the appellant.
Consequently, I.A. No.23842/2023 is allowed. The execution of jail
sentence of the appellant is hereby suspended subject to depositing the fine
amount, (if not already deposited). It is directed that the appellant be
released on bail on his furnishing a personal bond to a sum of Rs.2,00,000/-
(Rupees Two Lacs only) with two solvent sureties of the like amount to the
satisfaction of the trial court with a further direction to appear before the
Registry of this Court on 01.04.2024 and also on such other dates, as may be
fixed by the Registry in this regard during the pendency of this appeal.
Looking to the conviction period of the appellant, he is directed to mark
his appearance before the concerned police station i.e. Police Station-Chorhata,
District-Rewa on first Sunday of each month.
List this case for final hearing in due course.
Certified copy as per rules.
(SHEEL NAGU) (DEVNARAYAN MISHRA)
JUDGE JUDGE
julie
