Rajender Vs. State of Haryana - Court Judgment

SooperKanoon Citationsooperkanoon.com/850419
SubjectNarcotics
CourtPunjab and Haryana High Court
Decided OnApr-01-2010
Judge S.S. Saron, J.
AppellantRajender
RespondentState of Haryana
Excerpt:
- s.s. saron, j.1. the crl. misc. no. 11506 of 2010 has been filed seeking suspension of sentence of imprisonment and release of the applicant/appellant on bail and crl. misc. no. 11507 of 2010 has been filed for staying recovery of the fine during the pendency of the appeal.2. affidavit of sh. sunil sangwan, superintendent, district jail, faridabad regarding custody of the applicant/appellant filed in court today is taken on record.3. heard counsel for the parties.4. the applicant/appellant has been sentenced by the learned additional sessions judge, faridabad to undergo rigorous imprisonment for a period of three years; besides, to pay a fine of rs. 30,000/- for commission of offence punishable under section 20 of the ndps act and in default of payment of fine, to undergo simple imprisonment for a period of three months.5. sub inspector jagbir singh on 14.3.2009 along with other police officials was on patrol duty for checking crimes in sector-17, faridabad. a secret information was received that the applicant/appellant was involved in selling 'charas' and he had gone out to bring a contraband. if a check post was setup near his house, he could be apprehended red handed. on the basis of information received, a check post was setup near the house of the applicant/appellant and while he was returning home, he was searched and after his search 350 gms of 'charas' was recovered from the bag which was in the right hand of the applicant/appellant. a 'mouser' pistol of 7.65 bore with two live cartridges was also recovered from the right hand side pocket of the shirt worn by the applicant/appellant.6. the learned trial court after considering the evidence led by the prosecution convicted and sentenced the applicant/appellant. there are arguable points in the appeal.7. learned counsel for the applicant/appellant has submitted that the learned trial court has not considered the fact that the sample of the seized contraband was sent to fsl, madhuban on 25.3.2009 after it was allegedly recovered on 14.3.2009. in this manner, there is no explanation for the delay of 10 days in sending the sample to fsl, madhuban. besides, the provisions of section 50 and other mandatory provisions of the ndps act have not been complied with by the prosecution. these aspects would require consideration at the time of final hearing. in terms of the affidavit regarding custody of the applicant/appellant, he has undergone imprisonment of one year and fourteen days out of the sentence of three years. besides, there is no other case pending against the applicant/appellant. the appeal is not likely to mature for hearing in the near future. the recovered contraband is non-commercial.8. in the facts and circumstances, the crl. misc. nos. 11506-07 of 2010 are allowed and the sentence of imprisonment and sentence of fine imposed on the applicant/appellant shall during the pendency of the appeal remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned chief judicial magistrate, faridabad.
Judgment:

S.S. Saron, J.

1. The Crl. Misc. No. 11506 of 2010 has been filed seeking suspension of sentence of imprisonment and release of the applicant/appellant on bail and Crl. Misc. No. 11507 of 2010 has been filed for staying recovery of the fine during the pendency of the appeal.

2. Affidavit of Sh. Sunil Sangwan, Superintendent, District Jail, Faridabad regarding custody of the applicant/appellant filed in Court today is taken on record.

3. Heard counsel for the parties.

4. The applicant/appellant has been sentenced by the learned Additional Sessions Judge, Faridabad to undergo rigorous imprisonment for a period of three years; besides, to pay a fine of Rs. 30,000/- for commission of offence punishable under Section 20 of the NDPS Act and in default of payment of fine, to undergo simple imprisonment for a period of three months.

5. Sub Inspector Jagbir Singh on 14.3.2009 along with other police officials was on patrol duty for checking crimes in Sector-17, Faridabad. A secret information was received that the applicant/appellant was involved in selling 'charas' and he had gone out to bring a contraband. If a check post was setup near his house, he could be apprehended red handed. On the basis of information received, a check post was setup near the house of the applicant/appellant and while he was returning home, he was searched and after his search 350 gms of 'charas' was recovered from the bag which was in the right hand of the applicant/appellant. A 'Mouser' pistol of 7.65 bore with two live cartridges was also recovered from the right hand side pocket of the shirt worn by the applicant/appellant.

6. The learned trial Court after considering the evidence led by the prosecution convicted and sentenced the applicant/appellant. There are arguable points in the appeal.

7. Learned Counsel for the applicant/appellant has submitted that the learned trial Court has not considered the fact that the sample of the seized contraband was sent to FSL, Madhuban on 25.3.2009 after it was allegedly recovered on 14.3.2009. In this manner, there is no explanation for the delay of 10 days in sending the sample to FSL, Madhuban. Besides, the provisions of Section 50 and other mandatory provisions of the NDPS Act have not been complied with by the prosecution. These aspects would require consideration at the time of final hearing. In terms of the affidavit regarding custody of the applicant/appellant, he has undergone imprisonment of one year and fourteen days out of the sentence of three years. Besides, there is no other case pending against the applicant/appellant. The appeal is not likely to mature for hearing in the near future. The recovered contraband is non-commercial.

8. In the facts and circumstances, the Crl. Misc. Nos. 11506-07 of 2010 are allowed and the sentence of imprisonment and sentence of fine imposed on the applicant/appellant shall during the pendency of the appeal remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Faridabad.