Rohit Rathore @ Rohit Bhangi vs The State Of Madhya Pradesh
2024 Latest Caselaw 3805 MP

Madhya Pradesh High Court

Rohit Rathore @ Rohit Bhangi vs The State Of Madhya Pradesh on 8 February, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                               1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                        CRA No. 4548 of 2023
                                       (ROHIT RATHORE @ ROHIT BHANGI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 08-02-2024
                                  Shri Sushil K. Tiwari - Advocate for the appellant.

                                  Shri Narendra Chourasiya - Government Advocate for the State.


                                  Heard on admission.
                                  Appeal is admitted for final hearing.
                                  Appellant has filed I.A. No.7193/2023 an application under Section

                           389(1) of Code of Criminal Procedure for suspension of jail sentence.
                                  Appellant has been convicted under Section 8/20(b)(ii)(B) of NDPS Act
                           and sentenced to undergo R.I. for 4 years alongwith fine amount with default
                           stipulations.
                                  I t is submitted by learned counsel for the appellant that there is non-
                           compliance of mandatory provision of Section 52-A of NPDS Act. Trial Judge
                           has mentioned in it's judgment that compliance of said section has been made
                           but as to how compliance was made has not been defined. From records also,
                           it is clear that said section has not been complied with. In these circumstances,

                           sentence may be suspended and appellant may be released on bail.
                                  Learned Govt. Advocate appearing for the respondent/State relying on

paragraph-45 of the judgment submitted compliance of Section 52-A of the NDPS Act has been made.

Heard the counsel for the parties.

Sampling was taken immediately after the seizure of narcotic substance by Police on spot. Since, sampling has been done immediately after the seizure, therefore, it is not possible to draw second representative sample from each

packets, which has been seized by the Police. At this stage, there appears to be non-compliance of Section 52-A of NDPS Act. Govt. Advocate appearing for State may satisfy the Court that there is compliance of Section 52-A of NDPS Act at the time of final hearing of the appeal.

Considering the aforesaid, I.A. for suspension of sentence is allowed on condition that appellant will regularly appear and mark his presence before local Police Station once every month and before Registry of this Court in every six months. It is hereby directed that the custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on furnishing a personal bond in the sum of

Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety bond of the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 22.04.2024 and on other dates as may be fixed in this regard till final disposal of this appeal.

List the appeal for final hearing in due course. C.C. as per rules.

(VISHAL DHAGAT) JUDGE

nd