Patna High Court - Orders
Sanjeev Dev Verma vs The State Of Bihar on 24 August, 2023
Author: Ashutosh Kumar
Bench: Ashutosh Kumar, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.515 of 2023
Arising Out of PS. Case No.-73 Year-2018 Thana- KATIHAR NAGAR District- Katihar
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1. Sanjeev Dev Verma, aged about 46 years, male, S/o Rati Ranjan Dev Verma,
Resident of Village- Barahkada, P.S.- Sidai Mohanpur, Distt.- Tripura
(West).
2. Tapas Dev Verma, aged about 32 years, male, son of late Ramesh Dev
Verma, Resident of Village- Rajendra Para, P.S.- Khudai, Distt.- Tripura.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Ms. Mira Kumari, Adv.
For the State : Mr. D.K. Sinha, APP
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
3 24-08-2023The learned counsel for the appellants is permitted to make necessary correction in paragraph 1 of the memo of appeal. Let that be done during the course of the day.
Patna High Court CR. APP (DB) No.515 of 2023(3) dt.24-08-2023 2/3
2. Heard the learned counsel for the parties.
3. This appeal is directed against the judgment and order of conviction and sentence dated 23.02.2023 and 27.02.2023 respectively, passed in N.D.P.S. Case No. 03 of 2018, arising out of Katihar Town (Sahayak) P.S. Case No. 73 of 2018, whereby the appellants have been convicted under Section 20(b)(C) read with Sections 25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and have been sentenced to undergo R.I. for 14 years, to pay a fine of 1,00,000/- each and in default of payment of fine, to further suffer S.I. for two years.
4. A prayer has been made for suspension of sentence of the appellants during the pendency of this appeal, primarily on the ground of their having remained in jail for about 5 years by now.
5. The written objection is on record.
6. The appellants are said to be the driver and cleaner of a truck from where 644.50 kgs. of Ganja is Patna High Court CR. APP (DB) No.515 of 2023(3) dt.24-08-2023 3/3 said to have been recovered from an in-built box made for the purpose of storage inside the body of the truck.
7. Considering the afore-noted accusation, we are not inclined to suspend the sentence of the appellants for the present.
8. The prayer is, accordingly, rejected.
9. However, if the appeal is not taken up for hearing within a period of one year from today, the appellants shall be at liberty to approach this Court again and seek for an early hearing of this case.
(Ashutosh Kumar, J) ( Alok Kumar Pandey, J) Praveen-II/-
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