Madhya Pradesh High Court
Anwar vs The State Of Madhya Pradesh on 14 May, 2024
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 14 th OF MAY, 2024
CRIMINAL APPEAL No. 1272 of 2015
BETWEEN:-
ANWAR S/O MOHAMMED HUSAIN, AGED ABOUT 35
Y E A R S , OCCUPATION: LABORER VILLAGE
MULTANPURA PS YD NAGAR DIST. MANDSAUR
(MADHYA PRADESH)
.....APPELLANT
(BY MS.MAYURI JAIN - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH PS JAWAD DISTT. NEEMUCH
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI SUDHANSHU VYAS - PUBLIC PROSECUTOR)
T h is appeal coming on for orders this day, t h e cou rt passed the
following:
JUDGMENT
A PUD has been received from Special Judge, NDPS Act, Neemuch that
appellant was granted temporary suspension of jail sentence by order dated
31.10.2019 for a period of one month from the date of release subject to
furnishing personal bond in the sum of Rs.4 Lacs with two sureties of Rs.1 lac
each to the satisfaction of the trial court, with a direction to surrender
immediately after expiry of the aforesaid period. After expiry of period of one
month from the date of release since 2019, the appellant has not surrendered.
2. Counsel for appellant submits that she has no instructions from the
client.
3. The appeal is under section 374 Cr.P.C. against the judgment dated
17.8.2015 passed by ASJ, Neemuch in Special S.T.No. 13/2012 whereby the
appellant has been convicted under section 8/15(C) and 8/18 (C) of NDPS Act
and sentenced to undergo 10 and 4 years RI with fine of Rs.1 Lac and
Rs.50,000/- with default stipulation.
4. As per prosecution story, on 11.10.2011 on receiving secret
information that two persons on pickup vehicle are carrying illegal Poppystraw
and opium towards Nagda Keli road to Rajasthan. On searching the vehicle,
police found 20 bags having 04 quintal 22 Kg. Poppystraw and 2 Kg. Opium.
They were arrested and police registered the offence under section 8/15(c) an
8/18 (c) of NDPS Act against the accused persons. After trial, they were
convicted and sentenced as above.
5. On going through the record, it transpires that 20 bags containing 04
quintal 22 Kg. Poppystraw and 2 Kg. Opium were seized from the pickup
vehicle. The prosecution has successfully proved its case by the testimony of
complainant- Narendra Singh Sengar (PW-4) who was posted as Sub-Inspector
at police station, Nayagaon. His testimony is further supported by Kailash
Kumre (PW-7) who was working as Constable in the said police station.
Though the independent witness Jagdish (PW-2) and Majid Khan (PW-3) who
were panch witnesses have not supported the prosecution case, however, they
have admitted their signature on Ex.P/3 to P/24. From the testimony of
Narendra Singh Sengar (PW-4) and Kailash Kumre (PW-7), it is found that
provisions of section 40, 52, 52A, 55 and 57 of the NDPS Act are complied
with.
6. Counsel for the appellant could not point out any violation of the
aforesaid provisions. A huge quantity of contraband has been seized. In view of
aforesaid, this Court does not find any error in the judgment of conviction and
sentence. In view of aforesaid, the appeal stands dismissed.
7. The appellant has not surrendered after expiry of period of temporary
suspension of sentence granted vide order dated 31.10.2019 for a month.
Counsel for the appellant has also pleaded no instructions. In view of this, trial
court is directed to issue permanent warrant of arrest against the appellant and
to take action against the surety.
With the aforesaid, the appeal stands disposed off.
(VIJAY KUMAR SHUKLA)
JUDGE
MK
