Manipur High Court
Lalchaamrem vs State Of Manipur on 8 April, 2024
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Item No. 10-12
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(Crl.A.) No. 13 of 2022 with
Crl.A. No. 9 of 2022 with
MC(Crl.A.) No. 1 of 2024
Lalchaamrem
.....Appellant/s
- Versus -
State of Manipur
.... Respondent/s
BEFORE
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
Order
08.04.2024
[1] Heard Mr. Serto T Kom, learned counsel along with Mr.
Karung H Kom, learned counsel for the appellant and Mr. Y. Ashang,
learned PP for the State respondent.
[2] The appellant was convicted under Section 21 (b) of the
NDPS Act by the Ld. Special Judge (NDPS), Churachandpur vide judgment
and order dated 04.07.2022 in Special Trial No. 11 of 2020 and vide order
dated 04.07.2022, the appellant was sentenced to undergo 4 (four) years of
rigorous imprisonment along with a fine of Rs. 25,000/- (Rupees twenty five
thousand).
[3] The order of conviction and sentence dated 04.07.2022
passed by the Ld. Special Judge (NDPS), Churachandpur is challenged
before this Court by way of Crl.A. No. 9 of 2022 along with an application
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being MC(Crl.A.) No. 13 of 2022 for suspending the sentence under Section
389(1)of CrPC.
[4] When the matter was taken up, this Court proposed to dispose
of the appeal itself and the application for suspension of sentence was kept
pending. However, due to the compelling reasons, the appeal could not be
disposed of within a short period.
[5] Learned PP submits that the appeal involves the interpretation
of Section 52A of the NDPS Act and on 02.04.2024, when the matter was
taken up as hearing as part heard item, Mr. Y. Ashang, learned PP drew the
attention of this Court that there are conflicting decisions of the Hon'ble
Supreme Court with respect to interpretation of Section 52A of NDPS Act
and the matter will take some time.
[6] In the circumstances, this Court is inclined to take up the issue
of suspension of sentence.
[7] Mr. Serto T Kom, learned counsel for the appellant, submits
that from the date of conviction and sentence i.e. 04.07.2022 and after
setting off a period of 3 (three) months already undergone by the appellant
as during the trial, as on 04.04.2024, the appellant has undergone more
than 2 (two) years of sentence which is half of 4 (four) years of total
sentence by the Ld. Special Court. He submits that in various decisions of
the Hon'ble Supreme Court in the case of (i) Saudan Singh vs. State of UP
reported as 21 SCC Online SC 3259, para 7 and (ii) Dinesh Kumar Sinha
vs. State of Jharkhand reported as (2009) 6 SCC 628, para 4 held that the
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Court can consider for suspension of sentence after the convict has
undergone 50% of the total sentence awarded by the Trial Court.
[8] It is submitted that in the present case, the appellant has
undergone 50% of the total 4 (four) years of sentence awarded by the Ld.
Special Court. The appellant is female of 62 years as on date and there is
no possibility of her absconding during the pendency of the present appeal.
It is also pointed out that in the case of Dadu Alias Tulsidas vs. Sate of
Maharastra reported as (2000) 8 SCC 437, the Hon'ble Supreme Court held
that Section 32A of the NDPS Act which restricts the power of the Court for
suspension of sentence is unconstitutional and Mr. Serto T Kom, learned
counsel for the appellant, submits that this Court can exercise the power of
suspension of sentence under Section 389 of CrPC. Reference is made to
the decision of Bhagwan Rama Shinde Gosai & Ors. vs. State of Gujarat
reported as (1999) 4 SCC 421, para 3 held that when a person is sentence
for a fixed period of sentence, the Court may liberally consider suspension
of sentence and in the similar case, vide order dated 31.05.2019 passed by
this Court in Crl.A. No. 11 of 2018, suspended the sentence of person facing
conviction under NDPS Act.
[9] Mr. Y. Ashang, learned PP, draws the attention of this Court to
the observation made by the Hon'ble Supreme Court in the case of Dadu
(Supra) that while considering suspension of sentence under NDPS Act, the
condition as stipulated out under Section 37 of the Act has to be complied
and submits that this Court may pass appropriate order.
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[10] Considering the peculiar facts of the present case, this Court
has perused the materials on record and the decisions cited at bar. It is seen
that the appellant who is lady of 62 years has undergone 50% of 4 (four)
years of sentence awarded by the Trial Court and the appeal will take some
time for considering the conflicting views of the Hon'ble Supreme Court with
respect to Section 52A of the NDPS Act.
[11] In the circumstances, this Court is inclined to suspend the
order of sentence dated 04.07.2022 passed by the Ld. Special Court, NDPS
in Special Trial No. 11 of 2022 on the condition that the appellant shall
furnish a personal bond of Rs. 1,00,000/- (Rupees one lakh) with surety
(Government Employee) of like amount to the satisfaction of the Ld. Special
Judge (NDPS), Churachandpur subject to the condition that she shall
appear before Officer-in-Charge, Churachandpur Police Station on 15th of
every month and she shall not leave the State of Manipur without the
permission of this Court.
[12] With this observation, MC(Crl.A.) No. 13 of 2022 is allowed
and disposed of.
[13] List the remaining cases on 08.05.2024 for continuation of
hearing.
[14] Send a copy of this order to the Ld. Special Judge (NDPS),
Churachandpur for information.
JUDGE
KH. Digitally signed Kh. Joshua Maring
by KH. JOSHUA
JOSHUA MARING
Date: 2024.04.08
MARING 14:50:28 +05'30'
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