Madhya Pradesh High Court
Mohammad Tahir vs The State Of Madhya Pradesh on 5 August, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-3381-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3381 of 2024
(MOHAMMAD TAHIR Vs THE STATE OF MADHYA PRADESH )
Dated : 05-08-2024
Shri Sankalp Kochar - Advocate for the appellant.
Shri Ajay Shukla - Public Prosecutor for the respondent-State.
Heard on I.A. No.6551/2024, an application under Section 389(1) of
the Cr.P.C. for suspension of sentence and grant of bail to appellant
Mohammad Tahir S/o Mohammad Sheikh Munna Musalman.
The appellant is aggrieved of the judgment dated 25.01.2024 passed by
the learned Special Judge (NDPS) Act, Jabalpur in Special case
No.NDPS/35/2022, whereby the appellant stands convicted for the offence
under Sections 8 r/w 20(b)(ii-c) of Narcotic Drugs and Psychotropic
Substances Act, 1985 and sentenced to undergo Rigorous imprisonment for
12 years and fine of Rs.1,00,000/- with default stipulation of Rigorous
imprisonment for 1 year.
Placing reliance on the judgment of Hon'ble Supreme Court in case of
Simarnjit Singh Vs. State of Punjab, 2023 LiveLaw (SC) 570 , it is submitted
by Shri Sankalp Kochar, learned counsel for the appellant that Hon'ble
Supreme Court has held that process of drawing of samples under Section
52-A of the NDPS Act has to be in the presence and under the supervision of
the Magistrate. The entire exercise of collecting the sample must be certified
by the Magistrate to be correct, but in the present case, seizure was made on
30.08.2022. Naib Tehsildar was contacted on 14.11.2022 as admitted by Smt.
2 CRA-3381-2024
Rashmi Choudhary W/o Shri Sanjay Kumar Ahirwar, whereas according to
PW-7 Ashok Tripathi, sample was sent for FSL examination on 01.09.2022,
therefore, there is non compliance of ratio of law laid down by Hon'ble
Supreme Court in case of Simarnjit Singh (supra), so also in case of
Mangilal Vs. State of Madhya Pradesh, 2023 LiveLaw (SC) 549 . Hence,
prayer is made to suspend the remaining jail sentence of the appellant and to
release him on bail.
Shri Ajay Shukla, learned Public Prosecutor for the respondent-State,
in his turn, opposes the prayer for suspension of sentence and grant of bail.
After hearing learned counsel for the parties and taking aforesaid facts
into consideration, without commenting on the merits of the case, we are of
the considered opinion that this is a fit case to suspend the remaining jail
sentence of the appellant and to release him on bail. I.A.No.6551/2024 is
accordingly allowed.
It is directed that on depositing the fine amount, if not already
deposited and on furnishing a personal bond to the tune of Rs.1,00,000/-
(Rupees One Lakh Only) with two solvent sureties each of the like amount
to the satisfaction of the Trial Court for his appearance before the Trial Court
on 20.12.2024 and such other dates as may be fixed by the Trial Court,
which shall not be more than 2 times in a year, the execution of remaining
part of the jail sentence imposed upon appellant Mohammad Tahir shall
remain suspended and he shall be released on bail till final disposal of this
appeal.
I.A.No.6551/2024 is allowed & disposed of.
3 CRA-3381-2024
Let paper book be prepared and this case be listed for final hearing in
Part-B of the cause list as per its turn and seniority.
Certified copy as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
pp
