Allowed

Amba Lal v. State of Rajasthan

Rajasthan HC23 Nov 2023SOSA/393/2023

Case brief

AI extract

What is this about?

High Court at Jodhpur allowed applications for suspension of sentence under Section 389 Cr.P.C. under the NDPS Act. The court imposed conditions including depositing 50% of the fine and executing a bond, releasing appellants on bail until appeal disposal.

What did the court decide?

Sentence of substantive sentences suspended subject to conditions including deposit of 50% fine and execution of bond with sureties.

Amba Lal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023:RJ-JD:40318]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 395/2023

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Vishnu S/o Onkar Vaishnav, Aged About 41 Years, R/o Badwal, Badi Sadri P.s. Dist. Chittorgarh. (Lodged In Dist. Jail, Chittorgarh).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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Connected With

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 393/2023

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Amba Lal S/o Devi Lal Menaria, Aged About 66 Years, Mahuda, Badi Sadri P.s. Dist. Chittorgarh. (Lodged In Dist. Jail, Chittorgarh).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr.	B. RayBishnoi
For Respondent(s)	: Mr.	Mukesh Trivedi,PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

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23/11/2023

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In pursuance of order dated 04.08.2023, Seizure Officer Ghanshyam Sharma filed an affidavit mentioning that he was not aware and acquainted with the Standing Order 1/88 dated 15.03.1988 issued by the Narcotics Control Bureau. He assures to be committed to rectifying this situation to best of his abilities and ensuring that such oversights will not occur in future.

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Heard learned counsel for the appellants as well as learned Public Prosecutor.

[2023:RJ-JD:40318]

[SOSA-395/2023]

(2 of 3)

Learned counsel for the appellants submits that only two samples of alleged contraband were taken out of the total bags which is clear cut violation of NDPS Act. Counsel has placed reliance upon the judgments rendered in the cases of Netram Vs. State of Rajasthan reported in 2014(2) WLN 394 (Raj.) and Nagu Singh Vs. State of Rajasthan reported in 2016(3) WLN 310 (Raj.) and upon the order of this Court in SB Cr. Misc. Bail Application No.1603/2018, Ram Lal Vs. State decided on 27.02.2018 . The accused-appellants are in custody for more than five years & ten months and hearing of the appeals will take sufficiently long time, therefore, the sentence of the appellants may kindly be suspended.

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Learned Public Prosecutor opposed the prayer made by the counsel for the appellants.

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Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused appellants.

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Accordingly, the applications for suspension of sentence filed under Section 389 Cr.P.C. are allowed and it is ordered that the substantive sentences passed by the learned Special Judge, NDPS Cases, No.1, Chittorgarh, vide judgment dated 13.04.2023 in Sessions Case No.168/2014 (92/2010) against the appellantsapplicants, (1) Vishnu S/o Onkar Vaishnav and (2) Amba Lal S/o Devi Lal Menaria, shall be suspended till final disposal of the aforesaid appeal subject to the condition that the appellants shall deposit the 50% of the fine amount as imposed by the learned

[2023:RJ-JD:40318]

[SOSA-395/2023]

(3 of 3)

trial Court and he will be released on bail, provided each of them executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 03.01.2024 and whenever ordered to do so till the disposal of the appeals on the conditions indicated below:-

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That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

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Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

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Appellant shall deposit the 50% of fine amount as imposed by the learned trial court.

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The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

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(MANOJ KUMAR GARG),J

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84-85-Rashi/-

Amba Lal v. State of Rajasthan

Case brief

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Amba Lal v. State of Rajasthan

Case brief

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