Pritam Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 4088 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 11016 of 2022
                                        (PRITAM AHIRWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 15-03-2023
                                Shri Ravi Mahendra Kumar Vyas, counsel for the appellants.

                                Shri Pradeep Gupta, G.A. 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.

As prayed by learned counsel for the appellants, I.A.No.5617/2023 is dismissed as withdrawn and not pressed.

Heard on I.A. No.22506/2022, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellants pending the appeal.

Appellants have been convicted for commission of offence under Section 8 read with Section 20(b)(ii)(b) read with section 29 of NDPS Act, 1985 and have been sentenced to R.I. for 5 years and fine of Rs.25,000/- with

default stipulation vide judgment dated 17.10.2022 passed in Special Case No.NDPS/2/2020 (State of M.P. Vs. Pritam Ahirwar and another) by Special Session Judge, NDPS Act, Sagar District Sagar.

Learned counsel for the appellant submits that appellants have been erroneously convicted by the learned trial Court as it has not considered the evidence of prosecution witnesses in proper perspective. Learned counsel for the appellants by referring para-45 of the evidence of Brijendra Singh (P.W.12) and evidence of Kuldeep Singh (P.W.9) has submitted that according to the Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 3/16/2023 3:41:39 PM

prosecution case 03 Kg and 800 grams of contraband substance Ganja was found in the bag but only 3 Kg and 600 grams of contraband Ganja is shown to have been seized. Prosecution has not given any explanation as to how recovery of 200 grams less Ganja has been made. Hence, the entire prosecution story is doubtful. On the aforesaid ground, it has been prayed that appellants be released on bail.

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

I n this case contraband ganja has been seized from the conscious possession of both the appellants after following all the procedure prescribed

under the NDPS Act. Brijendra Singh (P.W.12) has deposed about seizure of the contraband from the possession of the appellants. As far the argument regarding recovery of 03 Kg and 800 grams of contraband Ganja is concerned that is mentioned in the evidence and in the prosecution case. Learned trial court after appreciating the evidence of witnesses has come to the conclusion that appellants were found in possession of the seized contraband Ganja. Having taking into consideration evidence of P.W.12, P.W.9, P.W.3 and P.W.1 and other witnesses on record, I am of the view that no case to suspend the jail sentence of the appellants is made out. Therefore, I.A. No.22506/2022 filed on behalf of the appellants- Pritam Ahirwar and Gajraj Ahirwar is dismissed.

However, appellants shall be at liberty to renew the prayer for bail after completion of three years jail sentence.

List this case for final hearing in due course.

(DINESH KUMAR PALIWAL) JUDGE

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 3/16/2023 3:41:39 PM

MKL

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 3/16/2023 3:41:39 PM