Gopal vs The State Of Madhya Pradesh
2023 Latest Caselaw 9067 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 339 of 2023
                                                  (GOPAL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-06-2023
                                   Shri Santosh Kumar Meena, learned counsel for the appellant.

                                   Shri Kushal Goyal, learned Dy. AG for the respondent/State.

IA.No.4088/2023, which is an application for urgent hearing, stands disposed off.

Heard on the question of admission.

Admit.

also heard on I.A.No.4089/2022, which is first application under Section 389(1) of the Cr.P.C. for suspension of custodial sentence on behalf of appellant Gopal.

The appellant stands convicted vide judgment dated 16.12.2022 passed by Special Judge, NDPS Act, Neemuch District Neemuch (M.P.) in Special Case No.10/2017 under Section 8/18(C) Narcotics Drugs and Psychotropic Substances Act, 1985 and has been sentenced to under go 5 years RI with fine of Rs.50,000/- with default stipulation.

A s per the prosecution story, on 29.01.2017, Sub-Inspector Manish Sharma received a discreet information that this appellant is going to deliver opium to smuggler at Rajasthan. A team was constituted and this appellant was apprehended when he was on motorcycle bearing registration no.MP-44-MC- 2527. He and his motorcycle were searched and during search Police recovered 1.5 Kg. opium was recovered from his possession. Two samples were taken, charge-sheet was filed and he has been convicted under Section 8/18(C) Narcotics Drugs and Psychotropic Substances Act, 1985 Signature Not Verified Signed by: VARSHA SINGH Signing time: 19-06-2023 18:46:26

Learned counsel for the appellant has drawn attention of this Court to Exhibit-P/16 to show that there is a non-compliance of Section 50 of NDPS Act as he was not informed about his rights to be searched in front of Magistrate or Gazetted Officer. Therefore, he gave a consent for a search by S.I. Manish Mishra. Applicant is a first offender. He has completed more than one year jail sentence out of five years. This appeal is not likely to be heard finally in near future and it would take sufficient long time. Hence, prays for suspension of sentence and grant of bail to the appellant.

On the other hand, the learned counsel appearing for the respondent/State opposes the application.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, this Court is of the of the considered opinion that the application for suspension of custodial sentence moved on behalf of the appellant deserves to be allowed.

Accordingly, I.A.No.4089/2022 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the appellant in the sum of Rs.2,00,000/- (Rupees Two Lakh only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellant after being enlarged on bail, the appellant shall mark his presence before concerned trial court on 12.12.2023 and on all such subsequent dates, which are fixed in this regard by Trial Court concerned.

List for final hearing in due course.

Certified copy, as per rules.

Signature Not Verified Signed by: VARSHA SINGH Signing time: 19-06-2023 18:46:26

(VIVEK RUSIA) JUDGE VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 19-06-2023 18:46:26