PARASHU RAM VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) O. P. Pradhan, J. Admit and issue notice. Heard the learned counsel for the parties on the question of suspension of sentence awarded to the appel lant. Learned counsel for the respondent has relied upon Section 32-A of the N. D. P. S. Act. Learned Counsel of the appellant contended and placed reliance on the case of Ram Charon v. Union of India, reported in 1991 (Suppl) Allahabad Criminal Cases at page 67, where under Section 32-A aforesaid has been dec lared ultra vires. Learned counsel for the respondent contended in reply that an appeal against this decision is pending in the Supreme Court. However, it is not said that the operation of the said decision has been stayed by the Supreme Court.

(2.) LEARNED counsel for the appellant contended that no independent witness was examined in support of the alleged recovery of the contraband. Likewise he further argued that the prosecution has failed to establish that the contraband was allegedly recovered from the exclusive possession of the appellant. According to the appellant's counsel, the house from which the contraband is said to have been recovered, is occupied by several persons including the appellant. It has also been contended that there was difference in the weight and colour of the sample sent for chemical examination. Having considered the over all facts and circumstances and the impugned judgment, the sentence awarded to the appellant may be suspended pending this appeal provided the appellant executes a personal bond of Rs. 10,000 and furnishes two sureties each in the like amount to the satisfaction of the C. J. M. , Barabanki. Sentence suspended. .