SANJAY BANSKAAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A.No.1197 of 2026 under Sec. 430 of BNSS/389 of the Cr.P.C for suspension of sentence and grant of bail filed on behalf of appellant.

(2.) Appellant has been convicted under Sec. 27 (A) of NDPS Act and sentenced to undergo 10 years RI with fine of Rs.1,00,000.00 with usual default stipulations.

(3.) Learned counsel for appellant submitted that appellant is innocent and has falsely been implicated in the crime. Learned trial Court has erred in convicting the appellant without appreciating the evidence in right perspective. The appellant has already suffered near about 18 months incarceration as pre and post trial confinement. The appellant was not owner of the vehicle and was not aware with the incident of carrying contraband in vehicle. Independent witnesses have turned hostile and treating owner of the vehicle, he has been roped in the matter on the basis of the memo recorded under Sec. 27 of the Evidence Act, which is not admissible in evidence. Whereas, the vehicle involved in the case was not registered in the name of appellant. There is a strong case in favour of the appellant. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficiently long time. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.