Madhya Pradesh High Court
Narendra Patel @ Chotu vs The State Of Madhya Pradesh on 20 February, 2025
1 CRA-10862-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10862 of 2024
(NARENDRA PATEL @ CHOTU Vs THE STATE OF MADHYA PRADESH )
Dated : 20-02-2025
Shri Deepak Sahu - Advocate for the appellant.
Shri Atmaram Ben - Panel Lawyer for the respondent-State.
Appeal is admitted for final hearing.
Heard on I.A.No.25663/2024, an application under Section 389(1) of
Cr.P.C., 1973/application under Section 430(1) of Bhartiya Nagarik Suraksha
Sanhita, 2023 for suspension of sentence and grant of bail to the appellant.
This appeal is filed by appellant being aggrieved of the judgment dated
02.09.2024 passed by Special Judge (N.D.P.S. Act), Satna, District Satna
(M.P.) in S.C. No.NDPS/46/2023 whereby appellant has been convicted for
offences under Section 8(C) r/w Section 21 of NDPS Act and sentenced to
undergo R.I. for 10 years with fine of Rs.1,00,000/- and Section 5 r/w
Section 13 of M.P. Drug Control Act, 1949 and sentenced to undergo R.I.
for 01 year with fine of Rs.1,000/- with default stipulations.
Learned counsel for the appellant has submitted that Investigating
Officer has clearly violated the Section 52A of NDPS Act. The drug
recovered from the possession of the appellant was not sealed as per the law.
Furthermore, the sample was drawn by the Police Officer himself and no
sample drawn by the Judicial Magistrate was not sent for chemical
examination. The Rules framed by the Department of Finance notified by
23rd December, 2022 were not followed and the sample was sent to Drug
2 CRA-10862-2024
Laboratory whereas particular Chapter III Rule 13, the samples after being
certified by the Magistrate shall be sent directly to any one of the
jurisdictional laboratories of Central Revenue Control Laboratory, Central
Forensic Science Laboratory or State Forensic Science Laboratory, as the
case may be, for chemical analysis without any delay.
The independent witness has not supported the prosecution case and
other witnesses are the Police witnesses. The matter is arguable and appeal is
not going to be heard in near future. Hence, the substantial jail sentence be
suspended. To support the arguments, he relied on the judgments of
Coordinate Bench of this Court in Banshilal and others vs. the State of
Madhya Pradesh Cr.A. No.605 of 2017 order dated 22.08.2024 , Vikash @
Chhotu Giri vs. the State of Madhya Pradesh Cr.A. No.6536 of 2024 order
dated 23.01.2025, Pramod Patel vs. the State of Madhya Pradesh Cr.A.
No.10678 of 2023 order dated 25.11.2024 , Atul Gupta vs. the State of
Madhya Pradesh Cr.A. No.13858 of 2023 order dated 01.04.2024 , Vishal
Shahni vs. the State of Madhya Pradesh Cr.A. No.4576 of 2023 order dated
29.02.2024 , Irshad @ Rinku Khan vs. the State of Madhya Pradesh Cr.A.
No.4803 of 2024 order dated 16.12.2024, Shyam Singh vs. the State of
Madhya Pradesh Cr.A. No.9706 of 2022 order dated
08.02.2024 , Ramchandra Das vs. the State of Madhya Pradesh Cr.A.
No.9699 of 2024 order dated 03.12.2024, Lal Singh vs. the State of Madhya
Pradesh Cr.A. No.6751 of 2022 order dated 10.05.2023 , Ramchandra vs. the
State of Madhya Pradesh Cr.A. No.489 of 1996 order dated
05.07.2001 and Arun Sharma vs. the State of Madhya Pradesh Cr.A. No.140
3 CRA-10862-2024
of 2005 order dated 13.04.2023.
Learned counsel for the State has opposed the bail application and
submitted that on the spot, the sample was drawn by the Investigating
Officer and the Judicial Magistrate, First Class has certified the proceeding
under Section 52A of NDPS Act. The competent authority/lab has analysed
the sample. Hence, no interference is called for.
Heard the parties and perused the record.
Looking to the facts and circumstances of the case but without
commenting anything on the merits of the case, I deem it proper to suspend
the remaining jail sentence of appellant.
Accordingly,I.A.No.25663/2024 is allowed.
Subject to depositing the fine amount, if not already deposited, it is
directed that the appellant-Narendra Patel @ Chotu be released on bail on his
furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand
only) with one solvent surety of the like amount to the satisfaction of the trial
court with a further direction to appear before the concerning trial Court on
07.07.2025 and also on such other dates, as may be fixed by the trial Court in
this regard during the pendency of this appeal.
List the matter for final hearing in due course.
C.C. as per rules.
(DEVNARAYAN MISHRA)
JUDGE
HK
