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SUPREME COURT OF INDIA
N.V. RAMANA, MOHAN M. SHANTANAGOUDAR, M.R. SHAH, JJ.
State of Punjab – APPELLANT
Versus
Rakesh Kumar – RESPONDENT
Criminal Appeal No. 1512 of 2018 (Arising out of SLP (Cri) NO. 4762 of 2018) along with Criminal Appeal No. 1514 of 2018 (Arising out of SLP (Crl) No.4816 of 2018); Criminal Appeal No. 1515 of 2018 (Arising out of SLP (Crl) No.4817 of 2018); Criminal Appeal No. 1517 of 2018 (Arising out of SLP(Crl) No.4869 of 2018); Criminal Appeal No. 1516 of 2018 (Arising out of SLP (Crl) No.4818 of 2018); Criminal Appeal No. 1513 of 2018 (Arising out of SLP (Crl) No.4796 of 2018); Criminal Appeal No. 1518 of 2018 (Arising out of SLP (Crl) No.4881 of 2018); Criminal Appeal No. 1521 of 2018 (Arising out of SLP (Crl) No.5032 of 2018); Criminal Appeal No. 1530 of 2018 (Arising out of SLP (Crl) No.5897 of 2018); Criminal Appeal No. 1520 of 2018 (Arising out of SLP (Crl) No.4968 of 2018); Criminal Appeal No. 1526 of 2018 (Arising out of SLP (Crl) No.5893 of 2018); Criminal Appeal No. 1525 of 2018 (Arising out of SLP (Crl) No.5892 of 2018); Criminal Appeal No. 1519 of 2018 (Arising out of SLP (Crl) No.4953 of 2018); Criminal Appeal No. 1528 of 2018 (Arising out of SLP (Crl) No.5895 of 2018); Criminal Appeal No. 1523 of 2018 (Arising out of SLP (Crl) No.5886 of 2018); Criminal Appeal No. 1527 of 2018 (Arising out of SLP (Crl) No.5894 of 2018); Criminal Appeal No. 1524 of 2018 (Arising out of SLP (Crl) No.5891 of 2018); Criminal Appeal No. 1529 of 2018 (Arising out of SLP (Crl) No.5896 of 2018); Criminal Appeal No. 1522 of 2018 (Arising out of SLP (Crl) No.5877 of 2018); Criminal Appeal No. 1533 of 2018 (Arising out of SLP (Crl) No.7223 of 2018); Criminal Appeal No. 1532 of 2018 (Arising out of SLP (Crl) No.7222 of 2018); Criminal Appeal No. 1536 of 2018 (Arising out of SLP (Crl) No.7228 of 2018); Criminal Appeal No. 1531 of 2018 (Arising out of SLP (Crl) No.7221 of 2018); Criminal Appeal No. 1534 of 2018 (Arising out of SLP (Crl) No.7225 of 2018) and Criminal Appeal No. 1535 of 2018 (Arising out of SLP (Crl) No.7227 of 2018)
Decided on : 03-12-2018
(2014) 13 SCC 1; AIR 1963 SC 665 – Relied upon
2014 (3) RCR (Criminal) 953 – Referred
(b) Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 8, 21 and 22 – Prosecution is prerogative of State – Action of accused-respondents amounting to prima-facie violation of Section 8 – Therefore charged under Section 22. (Para 15)
© Administration of justice – Accused approaching High Court for suspension of sentence – While granting relief High Court commenting on merit of the case – Not proper – More so when appeal against conviction was pending. (Para 16)
Facts of the case:
The accused-respondents were apprehended with “manufactured drugs” and convicted by the Trial Court for offences committed under Section 21 or Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The High Court allowed the applications for suspension of sentence preferred by the accused-respondents.
Finding of the Court:
Grant of bail is not sustainable.
Result: Appeals allowed.
JUDGMENT
N.V. Ramana, J.
1. Leave granted.
2. The present appeals are filed by the State having been aggrieved by the common judgment and order dated 29th January, 2018 passed by the High Court of Punjab and Haryana, allowing the applications for suspension of sentence, preferred by the accused-respondents herein under Section 389 Cr.P.C. and directing to release them on bail, while the Appeals are pending in the High Court.
3. In order to appreciate the merits of these appeals, brief facts which have emerged from the case of the prosecution need to be noted at the outset. In all these appeals, the accused-respondents were apprehended with “manufactured drugs” and convicted by the Trial Court for offences committed under Section 21 or Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “N.D.P.S Act”). The alleged offences and conviction recorded by the Trial Court against the respondents are listed below:
S.No.
Case No.
Name of Accused
Recovery
Conviction
Judgment By & Date
1.
CRA-S-840-SB-2015
Rakesh Kumar
3500 tablets of Microlit containing Diphenoxylate salt
U/s 22 of NDPS Act - 10 years RI& Rs.1.00 lac fine.
Special Judge, Sri Muktsar Sahib -18.11.2014
2.
CRA-S-227-SB-2015
Anwar Khan@ Soni
3.900 kgs of intoxicating powder containing Dexiropropoxyphen e salt
U/s 22 of NDPS Act - 10 years RI & Rs.1.00 lac fine.
Judge, Special Court, Sangrur -17.11.2014
3.
CRA-S-3148-SB-2015
Monnu
81.76 gms salt Diphenoxylate Hydrochloride
U/s 22 of NDPS Act - 10 years RI& Rs.1.00 lac fine.
Special Judge, Ferozepur -04.06.2015
4.
CRA-S-4134-SB-2015
Dharmu
Diphenoxylate powder in commercial quantity
U/s 22 of NDPS Act - 10 years RI &Rs.1.00 lac fine.
Judge, Special Court, Ludhiana -25.05.2015
5.
CRA-S-5246-SB-2015
Gurwinder Singh
70 gms containing Diphenoxylate salt
U/s 22 of NDPS Act - 10 years RI & Rs.1.00 lac fine.
Judge, Special Court, Ludhiana -10.11.2015
6.
CRA-S-71-SB-2016
Mohd. Akhtar @ Soni
19110 mls of intoxicating liquid 10 capsules of Parvon Spas, 10 tablets of Euphoria
U/s 22 (a) & 2(c) of NDPS Act - 1 year RI& Rs.5000/-fine and 10 years RI & Rs.1.00 lac fine.
Judge, Special Court, Sangrur -09.12.2015
7.
CRA-S-323-SB-2015
Munish Kumar
15 Vials of Rexcof
U/s 22 of NDPS Act - 10 years RI& Rs.1.00 lac fine.
Judge, Special Court, Bathinda -09.01.2015
8.
CRA-S-200-SB-2017
Gudawar Ram @ Gabbu
60 gms intoxicating powder containing Diphenoxylate salt
U/s 22 of NDPS Act - 10 years RI& Rs.1.00 lac fine.
Judge, Special Court, SBS Nagar-09.12.2016
9.
CRA- S-766-SB-2017
Baljinder Singh @ Banty
7500 mls of Corex syrup containing Codeine phosphate
U/s 22 of NDPS Act - 10 years RI& Rs.1.00 lac fine.
Judge, Special Court, Sangrur -20.12.2016
10.
CRA-S-1413-SB-2017
Sukhraj Kaur @ Raj
120 bottles of Rexcof containing Codeine phosphate
U/s 22 of NDPS Act - 10 years RI & Rs.1.00 lac fine.
Judge, Special Court, Sangrur -08.03.2017
11.
CRA-S-4055-SB-2016
Gurpreet Singh @ Gopi
25 gms Heroin & 250 gms intoxicating powder containing Alprazolam
U/s 21 of NDPS Act - 10 years RI & Rs.1.00 lac fine.
Judge, Special Court, Amritsar -06.09.2016
12.
CRA-S-2933-SB-2016
Salwinder Singh @ Shinda
320 gms intoxicating powder containing Diphenoxylate
U/s 22 of NDPS Act - 10 years RI& Rs.1.00 lac fine.
Judge, Special Court, Tarn Taran-09.08.2016
13.
CRA-S-985-SB-2017
Karamjit Singh @ Karma
10 Vials of Rexcof containing Codeine Phosphate
U/s 22 of NDPS Act - 10 years RI & Rs.1.00 lac fine.
Judge, Special Court, Faridkot -04.01.2017
14.
CRA-S-723-SB-2016
Mandeep Singh @ Mani
300 gms intoxicating pow
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