Ashokdas vs The State Of Madhya Pradesh
2024 Latest Caselaw 5965 MP

Madhya Pradesh High Court

Ashokdas vs The State Of Madhya Pradesh on 27 February, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                       CRA No. 2146 of 2023
                                                (ASHOKDAS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-02-2024
                                  Shri S.K Meena, learned counsel for the appellant.

                                  Shri SS Thakur, learned counsel for the respondent/state.

Heard on IA No.13742/2023, which is first application for suspension of jail sentence.

The appellant has been convicted under section 8(c)/15(C) of NDPS Act and sentenced to undergo 10 years RI with fine of Rs.1,00,000/-.

Counsel for the appellant submits that the prosecution has failed to comply with the provisions of section 52A(2)(c) of the Act. He has drawn attention of this Court to Ex.P./16 and also the testimony of PW 8 Investigating Officer C.S Upadhyaya to establish the fact that the samples were taken at the spot and not before the Magistrate. Thus the provisions of Sec.52A(2)(c) of the Act has not been complied with and, therefore, the benefit of doubt has to be granted to the appellant. In support of his submission, he has placed reliance on the judgment passed by the Apex Court in the case of Union of India vs. Mohanlal & Anr. (2016) 3 SCC 379 , which has been followed by the Apex

Court in the case of Simranjeet Singh Vs. State of Punjab reported in 2023 Live Law SC 570. It is further argued that following the aforesaid judgments the Division Bench has also suspended the jail sentence in Criminal Appeal No.562/2023 (Devkishan vs. State of MP).

Counsel for the State supports the order of conviction and sentence. After hearing learned counsel for the parties and taking into consideration that the finding of the trial Court regarding compliance of provision of Section

52-A of the Act is contrary to Ex.P/16. Thus, prima facie samples have been taken by the investigating officer itself on the spot which is contrary to the aforesaid provisions of section 52-A of the Act and the judgment passed by the Apex Court.

Considering the aforesaid, the IA No.13742/2023 is allowed. The substantive jail sentence of the appellant Ashok Das is suspended upon depositing the fine amount, if not already deposited, and on furnishing bail bond of Rs.1,00,000/- with one surety in the like amount to the satisfaction of the trial court for appearance before the Registry of this Court on 02.04.2024 and on the subsequent dates as may be fixed in this behalf by the Registry.

C.c. as per rules.

(VIJAY KUMAR SHUKLA) JUDGE

Sourabh