Madhya Pradesh High Court
Afzal Khan vs The State Of Madhya Pradesh on 14 June, 2016
CRA-1094-2014
(AFZAL KHAN Vs THE STATE OF MADHYA PRADESH)
14-06-2016
Shri Jitendra Bajpai, learned counsel for the appellant.
Shri Mukesh Kumawat, learned Govt.Advocate for the
respondent/State.
Heard on I.A.no.7574/2015 which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed on behalf of Afzal Khan S/o Iqbal Khan.
The present appellant suffered conviction and jail sentence as under :-
CONVICTION SENTENCE
Fine if
Imprisonment
Section Act Imprisonment deposited
in lieu of fine
details
8/20(B)(ii)(C) NDPS 10 years R.I. Rs.1,00,000/- 6 months R.I.
This application is filed on the ground that only 1010 grams of Charas was seized from the possession of the present appellant. The commercial quantity prescribed is 1 Kg and the quantity seized from the possession of the present appellant is only 10 grams above the quantity prescribed. It is further stated that sending of seized contraband for examination is also doubtful as no seal or sign by the prescribed witness and the Investigating Officer was found on the sealed packets when they were produced before the Court. It is also stated that the Malkhana incharge PW-10 in his statement stated that the packets were tampered with before sending them to the lab for examination. Learned counsel for the appellant has placed reliance on the judgment in the cases of Zubedabi Vs. State of Madhya Pradesh 2010 Cr.L.R (MP) 438, Ramchandra Vs. State of M.P. 2001 (II) MPJR 341, Vinay Kumar Jain and Anr. Vs. State of M.P. 2010 Cr.L.R.(MP) 701, Kakadiya Bhagwanbhai Arjanbhai Patel Vs. State of Gujarat 2011 CR.L.J 53 and Deepak Sharma Vs. State of Goa 2007 (2) Crimes 294 (Bom.) He further submits that the present appellant was granted bail during trial and he never misused the liberty granted to him. After going through the case laws cited by the counsel for the appellant and also the record of the lower court and the impugned judgment, I find that no case is made out for suspension of jail sentence of the present appellant.
Accordingly, I.A.no.7574/2015 is dismissed. C.C.as per rules.
(ALOK VERMA) JUDGE