PIYUSH SHARAF Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application seeking an order of suspension of sentence and grant of bail pending an appeal against an order of conviction and sentence handed down following trial of the appellant, charged with offence punishable under Section 21(c) of the NDPS Act.

(2.) Heard the learned Counsel for the applicant/appellant and the learned Counsel for the Union of India, the complaint before the court below having been laid by the Customs Department.

(3.) The learned Counsel for the applicant argued that the prosecution of the appellant was a mala fide exercise and a counter-blast to the complaint made by him to the Central Bureau of Investigation (CBI) alleging commission of offences punishable under the Prevention of Corruption Act, 1988 by the customs officials. He further argued that the interception of the alleged contraband and its seizure are fabricated and there is no ground at all to inculpate the appellant. It is also pointed out that no independent witness was examined to support the alleged seizure or transit of the so-called seized materials from the airport to the office of customs. There is also no reliable evidence of the complainant's case that the courier services which are shown to have intervened disowned their involvement in the alleged transaction. The learned Counsel for the applicant vehemently contended that the testimony of the CBI officials, as defense witnesses in this case, is itself sufficient enough to clearly demonstrate the innocence of the appellant and the fact that the applicant has been wrongly and falsely implicated.