MADAN PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Senior Counsel for the appellants and learned A.P.P. for the State, Mr. Pankaj Kumar on the prayer for suspension of sentence made through I.A. No. 4651 of 2019.

(2.) These appellants have been convicted for the offence under Section 18(b) of NDPS Act by the impugned judgment dated 23rd August, 2018 along with two other accused persons and sentenced to undergo R.I. for 10 years with a fine of Rs. 1 Lac each and in default thereof to suffer further R.I. for 1 year by the order of sentence dated 28th August, 2018 rendered in N.D.P.S. Case No. 39 of 2017 (Chatra Sadar P.S.Case No. 48 of 2017, corresponding to G.R. Case No. 219 of 2017) rendered by learned Sessions Judge-cum- Special Judge (N.D.P.S), Chatra.

(3.) Learned Senior Counsel for the appellants submits that no incriminating substance covered under N.D.P.S Act has been recovered from the possession of the present appellants. They have been implicated, tried and convicted only on the basis of confessional statement of the two other co-accused, from whom recovery of certain contraband opium was made by the police. Even if, their confessional statement and recovery of cash amount from these two appellants is treated as admissible in evidence, it does not constitute the ingredients of the offence under Section 18(b) of NDPS Act. However, learned Trial Court has erroneously convicted these two appellants also for the said charge. Therefore, the appellants deserve to be enlarged on bail as they are in custody since the date of their conviction i.e., 23rd August, 2018.