Loknath @ Rinku Sonkar vs The State Of Madhya Pradesh
2023 Latest Caselaw 1073 MP

                                                        1
                                 IN THE HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                CRA No. 2035 of 2022
                             (LOKNATH @ RINKU SONKAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

               Dated : 18-01-2023
                           Shri Sandeep Kumar Jain - Advocate for appellant No.1- Loknath @

               Rinku Sonkar and appellant No.3- Suraj Kumar Kushwaha.
                           Shri Ghanshyam Pandey - Advocate for appellant No.2- Sanjay
               Kumar.
                           Shri Pramod Choubey - Deputy Government Advocate for the
               respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard on I.A Nos.12017, 15988 and 25347 of 2022 which are applications under Section 389(1) of Cr.P.C for suspension of sentence filed on behalf of appellants.

The appellants have been convicted for offence under Section 8(C) r/w Section 20(kh)(ii)(E) {20(B)(ii)(C)} of NDPS Act and sentenced to undergo R.I. for 10 years with fine of Rs.1,00,000/- also with default stipulation.

As per prosecution story, on 05.01.2019 on an information received from the informant, a Scorpio bearing registration No.UP63-P-6666 was intercepted by the police and on being searched 74.700 kgs. of Ganja was recovered from their joint possession. Hence, the police has registered the case against the appellants and the co-accused persons.

Learned counsel for the appellants submits that the appellants are Signature Not Verified innocent person, have falsely been implicated in the present case. The seizure Signed by: KAFEEL AHMED ANSARI Signing time: 20-01-2023 18:14:32 witnesses are not properly supported the case of prosecution. The police did

not comply with the mandatory provisions of NDPS Act. Indeed, on the day of incident, appellants were travelling on another vehicle i.e. Duster Car which met with an accident unfortunately, due to which, the appellants took lift from the other accused persons who were carrying the contraband substance. The appellants did not have any knowledge about the illegal transportation of contraband substance. The benefit of doubt ought to have been given to the appellants but the trial Court did not do so. Hence, the jail sentence of the appellants may be suspended.

Learned counsel for the State opposed the prayer of suspension of jail sentence of the appellants made by the appellants' counsel submitting that the

prosecution witnesses stated sufficient against the appellants. The appellants were caught with huge quantity of contraband substance. The quantity of Ganja alleged to have been seized from the possession of the appellants is more than commercial quantity.

I have heard the learned counsel for the parties and perused the record. After going through the record and impugned judgment in detail, it clear that the appellants have involved in transporting the contraband substance which is more than commercial quantity. Hence, at this stage, no case for suspension of sentence is made out. Accordingly, the applications is dismissed.

I.A.25347/2022 is also disposed of.

List the matter for final hearing in due course.

(RAJENDRA KUMAR (VERMA)) JUDGE

Signature Notkafeel Verified Signed by: KAFEEL AHMED ANSARI Signing time: 20-01-2023 18:14:32