JAGDISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A.No.181/2017- An application under section 389 of the Code of Criminal Procedure, 1973 for suspension of custodial sentence of appellant Jagdish s/o Rameshwar Patidar. The appeal has been preferred against the judgment dated 26.03.2015 passed by Additional Special Judge, NDPS Act in Special S.T. No.03/2012, whereby the appellant has been convicted for offence under Section 8/18 (B) of NDPS Act (hereinafter referred to as the Act of 1985) and sentenced to undergo ten years R.I. with fine of Rs. 1,00,000/- and in default of payment of fine one year R.I.

(2.) As per prosecution story on 07.12.2011 at about 07:40 PM police received a secret information that co-Accused Vinod and appellant Jagdish were coming from village Daloda side on a bike bearing registration No. MP 14-MB-8993. They were carrying opium in a bag hanging on the handle of motorcycle. On the information Shri U.S. Bhadoria the then A.S.I. of P.S. Afjalpur apprehended the applicant and co-accused Vinod and sized 3.390 kilogram opium from the possession of co-accused Vinod and arrested the appellant and co-accused Vinod.

(3.) Learned counsel for the appellant submits that the appellant is in custody since 07.12.2011 and suffered almost half of the custodial sentence as awarded by the trial Court and hearing of the appeal is likely to take time. Learned counsel for the appellant further submitted that opium was found in a bag hanging on a bike, which was being driven by co-accused Vinod and seized from his possession and he is the owner of the said bike. No contraband was seized from the possession of the appellant. The appellant has no idea as to what was being carried by co-accused Vinod on his bike. He was just a pillion rider and has falsely been implicated in the matter. Hence, counsel prayed for grant of suspension of jail sentence.