IN THE MATTER OF : RAJU JAISWAL Vs. STATE

JUDGEMENT

(1.) This is an application for suspension of sentence and grant of bail pending disposal of the appeal, by the sole appellant who was one of the four accused persons and stood convicted for commission of offence under Sections 20(b)(ii)(C)/29/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'). By the judgment and order dated August 21, 2019 passed by the City Sessions Court, Calcutta, along with the other convicted persons, the applicant herein was sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.1,00,000/-, in default, to suffer further rigorous imprisonment for six months.

(2.) Learned counsel for the applicant submitted that the only allegation against the applicant is that the vehicle from which the commercial quantity of Ganja was seized, is jointly owned by the applicant with his mother, Rashmoni Devi, who is one of the other accused persons. The three out of four accused persons including the applicant's mother were in the vehicle when the seizure was made therefrom. The applicant was not at the scene. No recovery was made from the applicant. The applicant has been roped in only under Section 29 of the NDPS Act for abetment and criminal conspiracy.

(3.) Learned counsel for the applicant pointed out that the applicant's mother who was found to be in the car from which the contraband was seized, has been granted bail by this Court by an order dated February 23, 2021 passed in IA NO:CRAN/2/2020 in CRA 670 of 2019, on the terms and conditions mentioned in such order. He submitted that the applicant stands on a better footing and, hence, should be granted bail upon suspension of the sentence that he is suffering.