Sanjiv Kumar Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 1400 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 9993 of 2022
                                        (SANJIV KUMAR CHOUDHARY Vs THE STATE OF MADHYA PRADESH)

                          Dated : 24-01-2023
                                  Shri Rakesh Jain - Advocate for the appellant.

                                  Shri Manoj Kushwaha - Panel Lawyer for respondent/ State.

Trial Court record has been received. Heard on admission.

Prima facie, this appeal seems to be arguable. Hence, admitted for final

hearing.

Heard on I.A. No.21018/2022, an application under Section 389(1) of Cr.P.C. for grant of bail pending the appeal.

Appellant has been convicted for commission of offence under Section 8(c)/ 20(b)(ii)(c) of NDPS Act, 1985 and has been sentenced to R.I. for 10 years and fine of Rs.1,00,000/- with default stipulation vide judgment dated 9.9.2022 passed in Session Case NDPS No.03/2019 by Special Session Judge, NDPS Act, Narmadapuram, District Narmadapuram.

Learned counsel for the appellant submits that he has been wrongly

convicted by the learned trial Court. Appellant was driver of the truck from which alleged contraband was seized. He was not aware that contraband ganja is being transported in the truck along with goods. He does not know Telgu due to which he was oblivious about the material loaded in the truck at Andhara Pradesh. On the aforesaid ground, it has been prayed that appellant be released on bail.

On the other hand, learned counsel for the State has opposed grant of bail.

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/25/2023 11:40:53 AM

In this case 2 quintal 69 gram contraband ganja which was being transported through Truck No. MP31-TU-8999 was seized from the possession of the present appellant and one Appalla Reddy.

I have gone through evidence of witnesses and perused the findings recorded by the trial Court in the impugned judgment. After going through the evidence of witnesses, I am of the view that no case for suspension of jail sentence is made out.

Therefore, I.A. No.21018/2022 filed on behalf of the appellant- Sanjiv Kumar Choudhary is dismissed.

List this case for final hearing in due course.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/25/2023 11:40:53 AM