Lal Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7692 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 6751 of 2022
                                                (LAL SINGH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 10-05-2023
                                   Shri Sandeep Kumar Jain - Advocate for the appellant.

                                   Shri Akhilendra Singh - Government Advocate for the respondent/

State.

Heard o n I.A No. 21783 of 2022, First application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant-

Lal Singh arising out of judgment dated 11.07.2022 delivered in Special Case No.SC NDPS 49/2019 by the Special Judge (N.D.P.S.), Rewa.

The appellant has been convicted under Section 21(C) read with Section 29 of the N.D.P.S. Act, 1985 and sentenced to undergo R.I. for 11 years and fine of Rs.1 Lakh along with default stipulation.

As per the prosecution story, total 16,776 bottles of contraband cough syrup were seized from the appellant. The Court below, by impugned order, found the appellant as guilty.

Learned counsel for the appellant submits that there is no iota of

scientific evidence or F.S.L. report which shows that the substance so allegedly recovered from the appellant was objectionable or contraband substance. Statement of Investigating Officer (P.W.8) was heavily relied upon wherein during cross-examination the officer has candidly admitted that he had not taken samples from each of the bottles and had taken sample from the cartons made of these bottles. He further admitted that seal was put in such a manner that if cello tape packing is taken out, the seal will automatically come out. It is further submitted that after considering the Standing Order No. 1/89, the Apex Court in Signature Not Verified Signed by: VIKRAM SINGH Signing time: 5/11/2023 1:30:41 PM

(2016) 3 SCC 379 (Union of India Vs. Mohanlal) opined that seized contraband on the spot needs to be handled for the purpose of sampling as per the procedure prescribed in the Standing Order. He placed reliance on an order dated 7.12.2022 passed in C.R.A.No. 234/2022 (Rahul Nanda and another Vs. State of Chattisgarh) wherein the Chattisgarh High Court granted the benefit of suspension of sentence for the similar reason that sampling procedure was not in consonance with the Standing Order No. 1/89.

Shri Jain has taken pains to take us to aforesaid order wherein Chattisgarh High Court has also considered a Delhi High Court order dated 13.03.2020 which was not interfered by the Supreme Court and S.L.P. was dismissed.

Lastly, Shri Jain placed reliance on 2001(3) Crimes 293 (Ramchandra Vs. State of M.P.) to bolster the submission that while seizing the bottles no chit or pasting on each of the bottles was made by obtaining signatures of the appellant. This vitiates the entire seizure procedure and consequently, creates serious doubt on the sampling procedure and it's outcome. The outcome, submits Shri Jain through F.S.L. report does not support the case of the prosecution. The final hearing of this appeal will take considerable time. Considering the aforesaid, it is prayed that the remaining jail sentence of appellant may be suspended.

Learned Govt. Advocate opposed the prayer on the basis of objection. Considering the aforesaid arguments and without expressing any conclusive opinion of the merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 21783 of 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the

Signature Not Verified remaining jail sentence of appellant - Lal Singh is hereby suspended and it is Signed by: VIKRAM SINGH Signing time: 5/11/2023 1:30:41 PM

directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.3,00,000/- (Rupees Three Lakh only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further

direction to appear before the trial Court, Rewa on 19 th June, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                             (SUJOY PAUL)                                (AVANINDRA KUMAR SINGH)
                                JUDGE                                             JUDGE

                          Vikram




Signature Not Verified
Signed by: VIKRAM SINGH
Signing time: 5/11/2023
1:30:41 PM