GUL MOHAMMED Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on IA No.15086/2022, which is Second application filed under Sec. 389 (1) of Cr.P.C., for suspension of sentence and grant of bail moved on behalf of the appellant - Gulmohammed S/o Fakir Mohammed. Earlier application (IA No.13131/2022) was dismissed as withdrawn vide order dtd. 26/9/2022.

(2.) The appellant is convicted for the offence punishable under Sec. 15(C) of the NDPS Act and sentenced to undergo five years R.I. and fine of Rs.2,00,000.00, with default stipulation and under Sec. 26 of the N.D.P.S. Act and sentenced to undergo six months R.I. and fine of Rs.10,000.00, with default stipulation.

(3.) Learned counsel for the appellant has submitted that admittedly the appellant is a license holder and is authorized to keep narcotic substance as per the license issued to him which is at Ex.P-78. Learned counsel for the appellant has further submitted that so far as the allegation against appellant is that he was found in possession of excess 50 Quintal poppy straw for which he was not authorized. He has also submitted that prosecution has not brought on record any document to suggest that the maximum quantity of contraband which the appellant was authorized to keep in his possession. It is also submitted that during the course of trial the appellant was granted anticipatory bail vide order dtd. 26/11/2015 passed in M.Cr.C. No.9404/2015 and has never misused the liberty extended to him. He is lodged in jail since 5/9/2022 and the final disposal of the appeal is likely to take time for its conclusion, hence, the sentence awarded to the appellant be suspended and he be released on bail.