Dharamveer @ Lucky vs State Of Rajasthan
2023 Latest Caselaw 2079 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Application for Suspension of Sentence Application No. 470/2020 In S.B. Criminal Appeal No.1028/2019

Dharamveer @ Lucky S/o Late Shri Surjeet Singh, Aged About 34 Years, By Caste Arora Sikh, R/o Village Sardargarh, Tehsil Suratgarh, District Sriganganagar (Raj.). (At Present Lodged At Central Jail, Sriganganagar).

----Appellant Versus The State of Rajasthan through PP

----Respondent

For Appellant(s) : Mrs. Janta Devi, Present-in-Person For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

02/03/2023

Mrs. Janta Devi, wife of appellant Dharamveer @ Lucky is

present in person before this Court.

Heard representative of applicant and learned Additional

Government Advocate on application for suspension of sentence

No.470/2020.

The appellant has been apprehended in this case for the

allegation of having certain quantity of medicinal drug, which

comes under the purview of psychotropic substances and it

provides under the NDPS Act and accordingly after a rigorous trial

he has been convicted for committing offences under Sections

8/21 & 8/22 of the NDPS Act and has been directed to suffer 10

years rigorous imprisonment with a fine of Rs. 1,00,000/- with

(2 of 3)

default clause. He is behind the bars since around more than three

years.

As per the story of the prosecution the SHO Police station

Suratgargh, Sadar apprehended the appellant who was having a

bag in his hand. Upon making search of his belongings certain

quantity of Aplrazolam Tablets, Proxyvon and Rexcof cough syrup

were recovered from the bag which was in his hand. It is an

admitted position that before affecting search, no notice under

Section 50 of the NDPS Act was served upon the accused. As per

the judgment passed by Hon'ble the Supreme Court in the case of

Vijaysinh Chandubha Jadeja vs. State of Gujrat 2011 (1)

SCC 609, the compliance of section 50 of the NDPS Act is

mandatory and non-compliance of the same may vitiate the

recovery itself.

This Court refrains from passing any comment on this aspect

as the same shall be finally adjudicated at the time of hearing of

the appeal yet considering the overall facts and circumstances and

the grounds raised in memo of appeal and the fact that he is

longing in jail for last more than three years, this Court deems it

proper to allow the application for Suspension of Sentence.

Accordingly, the application for suspension of sentences filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by the R.H.J.S., Upper Sessions Judge,

Suratgarh, District Sriganganagar vide judgment dated

15.07.2019 in Sessions Case No.21/2016 against the appellant-

applicant Dharamveer @ Lucky S/o Late Shri Surjeet Singh,

remain suspended till final disposal of the aforesaid appeal and

she shall be released on bail, provided she executes two sureties

(3 of 3)

in the sum of Rs.50,000/- (Rupees: Fifty Thousand Only) each and

a personal bond in the sum of Rs.1,00,000/- (Rupees: One Lac

Only) to the satisfaction of the learned trial court for his

appearance in this Court on 05.04.2023 and whenever ordered to

do so till the disposal of the appeal on the conditions indicated

below:-

1. That she will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant changes the place of residence, she will give in writing her changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of

attendance of the accused-applicant in a separate file. Such file be

registered as Criminal Misc. Case related to original case in which

the accused-applicant was tried and convicted. A copy of this

order shall also be placed in that file for ready reference. Criminal

Misc. file shall not be taken into account for statistical purpose

relating to pendency and disposal of cases in the trial court. In

case the said accused applicant does not appear before the trial

court, the learned trial Judge shall report the matter to the High

Court for cancellation of bail.

(FARJAND ALI),J 1-KashishS/-

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