Gautam vs Union Of India Home Ministry ...
2023 Latest Caselaw 421 MP

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 IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
DIVISION BENCH :          HON'BLE SHRI JUSTICE VIVEK RUSIA
                          HON'BLE SHRI JUSTICE ANIL VERMA

                           Criminal Appeal No.745 of 2019
 GAUTAM v/s UNION OF INDIA HOME MINISTRY NARCTOTICS CONTRORL BUREAU THR.
                            PRAVEEN KUNDERIYA


Indore, dated 06.01.2023
           Ms. Vinita Agrawal, learned counsel for the appellant.
           Shri         Manoj      Kumar         Soni,    learned       counsel      for       the
respondent/Union of India.

Heard on I.A. No.6282/2022, which is first application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of appellant Gautam.

Vide judgment of conviction and sentence dated 02/11/2018 passed by the Special Judge, N.D.P.S. Act, Neemuch, District Neemuch in Special Sessions Trial No.4/2016, whereby the appellant was sentenced to undergo as under:-

              CONVICTION                                             SENTENCE
 Section          Act           Imprisonment        Fine if deposited   Imprisonment in lieu of
                                                         details                fine
 8/21(C)      NDPS              10 years' R.I.       Rs.1,00,000/-         1 year Addl. R.I.

As per prosecution story, a discrete information was received on 18/08/2015 that two persons namely Prakash Bind and Gautam Sav are carrying 1 Kg. of Heroin and they are coming from Revtipur Gazipur, (U.P.) to deliver the same to Madan Singh resident of Gandhisagar Neemuch. On the basis of said information, the police

started searching train as well as bus. On 19/08/2015, a bus bearing registration No.MP-44-HA-1198 was apprehended and search was started. In that search, appellant Gautam was found sitting on a third seat carrying a bag and co-accused Antim Chawda was sitting beside him. They were personally searched but nothing was found. Thereafter, the bag was searched in which 850 grams of Heroin was found alongwith clothes and railway ticket. The statements of co- accused Antim and appellant Gautam were recorded under Section 67 of NDPS Act and both were made accused in this case. After undergoing trial, both have been convicted under Section 8/21(c) of NDPS Act.

Learned counsel for the appellant submits that the appellant has falsely been implicated in the case as the seizure witnesses have turned hostile. He has completed more than seven years of jail sentence out of ten years and this appeal is not likely to be heard finally in the near future by that time, he would complete the entire jail sentence. Hence, the jail sentence of this appellant may be suspended.

Learned counsel for the respondent/Union of India opposes the application and submitted that the name of the appellant was disclosed in the discrete information that he travelled all the way from U.P. to Neemuch to deliver the contraband. The railway ticket was also recovered from his possession. Therefore, there is specific bar under Section 37 of N.D.P.S. Act for grant of suspension of remaining jail sentence. Hence, he prayed for its rejection.

Heard.

After considering the arguments advanced by the learned counsel for the parties, we are of the view that no case is made for suspension of remaining jail sentence of appellant Gautam. Thus I.A. No.6282/2022 is dismissed.

List the case for final hearing in due course.

Certified copy, as per rules.

                            (VIVEK RUSIA)                                            (ANIL VERMA)
                              JUDGE                                                    JUDGE
                       vs



Digitally signed by VARSHA SINGH
Date: 2023.01.07 11:03:11 +05'30'