Rajasthan High Court - Jodhpur
Kuldeep Singh vs State on 12 October, 2018
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Appeal) No. 462/2018
Kuldeep Singh S/o Sukh Dev Singh, B/c Jat Sikh, R/o 16-17
Ghanjatiya Police Thana Kesrisinghpur District Sri Ganganagar.
(At Present Lodged In Central Jail, Sri Ganganagar)
----Appellant
Versus
The State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Nitesh Rathi for Mr. Jitendra Ojha
For Respondent(s) : Mr. L.R. Upadhayay, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 12/10/2018 Heard learned counsel for the parties.
Learned counsel for the appellant has submitted that as per the prosecution case, 120 tablets of Alprazolam and 200 bottles of Corex Syrup containing codeine were recovered from the appellant. It is argued that Alprazolam tablets recovered from the appellant is below commercial quantity, however, in respect of 200 bottles of Corex Syrup, learned counsel for the appellant has argued that as the Notification of the Government of India dated 10.3.2016, issued while exercising powers under Section 26A of the Drugs and Cosmetics Act, 1940 prohibiting the manufacture, distribution and sale of 344 Fixed Dose Combination (FDC) Drugs which included Corex, has already been quashed by the Delhi High Court in Writ Petition No.2212/2016 on 1.12.2016. The Corex containing codeine is within the permissible limit and is not (2 of 3) [SOSA-462/2018] covered under the NDPS Act, 1985 and the Drugs and Cosmetics Act, 1946.
Learned counsel for the appellant while placing reliance on decision of the Hon'ble Supreme Court rendered in the case of Binod Kumar Vs. State of Bihar, reported in 2017 (4) RCR (Criminal) 125 and the order passed by a Co-ordinate Bench of this Court in S.B. Criminal Misc. Bail No.7109/2018 - Ravi Singh Vs. State of Rajasthan decided on 20th August, 2018 has argued that the Hon'ble Supreme Court and this Court has granted bail to the accused persons charged for the offence punishable under NDPS Act while taking into consideration the fact that Corex Syrup containing codeine is not covered under the NDPS Act, 1985 and the Drugs and Cosmetics Act, 1946.
It is further submitted by learned counsel for the appellant that the appellant was on bail during trial and hearing of the appeal is likely to take time. It is, therefore, prayed that the sentence awarded to the appellant may be suspended.
Per contra, learned Public Prosecutor has opposed the application for suspension of sentence.
Having considered the facts and circumstances of the case and substantial grounds taken in the appeal, this Court is of the opinion that there are strong grounds for challenging the judgment of conviction and as hearing of the appeal is likely to take time, this Court is inclined to suspend the sentences awarded to the appellant.
Accordingly, this application for suspension of sentences is allowed and it is directed that the sentences awarded to appellant
- Kuldeep Singh son of Sukh Dev Singh by the Addl. Sessions Judge, Sri Karanpur, Distt. Sri Ganganagar by judgment dated (3 of 3) [SOSA-462/2018] 8.3.2018 shall remain suspended till final disposal of the aforesaid appeal provided he executes a personal bond for a sum of Rs.50,000/- along with two solvent sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court for his appearance before this Court on 12.11.2018 and whenever called upon to do so till the disposal of the appeal on the conditions inidcated below:-
(1) That he/she/they will appear before the trial court in the month of January of every year till the appeal is decided.
(2) 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.
(3) Similarly, if the sureties change their address(s), they will give in writing their changed address(s) to the trial court.
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.
(VIJAY BISHNOI),J ms rathore Powered by TCPDF (www.tcpdf.org)