RINKU BADHAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail.

(2.) The appellants have been convicted and sentenced by the judgment of conviction and order of sentence dtd. 30/7/2021 passed in Special Criminal Case No. 15/2017 by the Special Judge (NDPS Act), Saraipali, District-Mahasamund (C.G.) as under:-

(3.) Learned counsel for the appellants submits that there is no reliable evidence against the present appellants to involve them in this case, essential ingredient of the offence for convicting the appellants are missing. It is further submitted that provision of Sec. 42 of NDPS Act has not been complied with by the police officials. It is evident from the statements of PW/3 Driver-Rupanand Hota and PW/11 hemlal Nag, Sub-Inspector that the police party have knowledge about the transportation of the contraband Ganja in a vehicle but the secret information with regard to illegal transportation of Ganja was not sent to the higher authority. He placed reliance on a judgment of the Hon'ble Supreme Court in the matters of Karnal Singh vs. State of Haryana, 2009 8 SCC 539; State of Rajasthan vs. Jag Raj Singh @ Hansa 2016 11 SCC 687 and Boota Singh v. The State Of Haryana reported in AIR online 2021 SC 198. He further submits that the mandatory provision of Sec. 55 of the NDPS Act has also not been complied as the seized article was not taken by the SHO and there is nothing on record to show that SHO has received the said article in his custody. In order to buttress his submission he again placed reliance on the judgment of Division Bench of this Court in the matters of State of Chhattisgarh v. Devendra Singh, passed in CRMP No. 858 of 2021, on 14/6/2022 and Rakesh Chandraka vs. State of Chhattisgarh, passed in CR.A. No. 973 of 2021 on 04/01/2022. He further submits that the standing order also not complied with. He again submitted that the appellants are in jail since 30/7/2021 and they were on bail during trial, they have not misused the liberty and disposal of this appeal is likely to take some time, therefore, the appellants may be released on bail.