Madhya Pradesh High Court
Chandu @ Gudda @ Durgesh Patel vs The State Of Madhya Pradesh on 2 September, 2023
Author: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5181 of 2021
(CHANDU @ GUDDA @ DURGESH PATEL Vs THE STATE OF MADHYA PRADESH)
Dated : 02-09-2023
Shri Ghan Shayam Pandey - Advocate for appellant.
Shri A.N. Gupta - Public Prosecutor for respondent/State.
Heard on I.A.No.2634 of 2023.
This is the second application filed by accused/appellant Chandu @
Gudda @ Durgesh Patel seeking for suspension of sentence and grant of bail.
His earlier application was dismissed as withdrawn vide order dated 01.04.2022.
The case of the prosecution is that on 15.01.2017, the police authorities
received an information that a vehicle bearing Registration No.CG 05 AA 9566
met with an accident on the main road and the local people had caught three
persons travelling in the vehicle. The police reached the spot and after search of
the vehicle, contraband articles i.e. Ganja was seized from the vehicle. The
accused were arrested. After investigation, charge-sheet had been filed before
the competent court from where the case was committed for trial to the Special
Judge (NDPS) Act. After conclusion of the trial, the accused were convicted
under Section 20(B) (ii) (c) of the Narcotics Drugs and Psychotropic Substance
Act and sentenced to undergo R.I. for 12 years and fine of Rs.1,00,000/-, with
default stipulation, as mentioned in the impugned judgment.
This repeat application has been filed on the ground that the mandatory
and obligatory provisions of the N.D.P.S. Act have not been complied with by
the authorities and the independent witnesses have not supported the
prosecution story. The appellant is neither an owner of the vehicle nor was in
exclusive possession of the vehicle. The aforesaid aspects were not considered
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 9/6/2023
5:05:01 PM
by the trial court. The appellant is in custody since 15.01.2017 and is ready to
abide by all the terms and conditions that may be imposed by this Court while
considering the application of the appellant for suspension of sentence and
grant of bail.
Per contra, learned Public Prosecutor has vehemently opposed the
contentions pointing out the fact that present appellant and other co-accused
were travelling in the vehicle Tavera bearing registration No.CG 05 AA 9566
which met with an accident. The accused tried to run away, but were caught by
the public. Search of the vehicle was made by the police and contraband
articles i.e. Ganja was recovered from the vehicle. The appellant failed to
explain that how he was in possession of the contraband articles. Theory of
conscious possession in terms of the judgment in the case of the Hira Singh
and another vs. Union of India and another reported in (2020) SCC OnLine
SC 382 will be applicable to the case. Mandatory provisions of the N.D.P.S.
Act were complied with by the authorities. There is no flaw in the procedure
which has been adopted by the authorities. Under these circumstances, no case
for suspension of sentence and grant of bail is made out. He has prayed for
rejection of the application.
Considering the overall facts and circumstances of the case as well as the
fact that the recovery was made from the possession of the present appellant
and he has failed to explain the same, this Court does not deem it appropriate to
enlarge the appellant on bail by suspending the jail sentence. Consequently, I.A.
No.2634 of 2023 is dismissed.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 9/6/2023
5:05:01 PM
sj
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 9/6/2023
5:05:01 PM
