Back
2003 (1) Crimes 214
Chhattisgarh High Court
K.H.N. Kuranga, CJ.
Gola Billa Nagraj —Appellant
versus
State of Chhattisgarh —Respondent
Criminal Appeal No. 976/2002
Decided on 21-11-2002
Counsel for the parties:
For the Appellant :Mr. Akhil Agrawal, Advocate.
For the Respondent:Mr. Gautam Bhaduri, learned Govt. Advocate.
Headnote:Criminal Procedure Code, 1973 — Section 389 — Appellant convicted under Section 20(b)(ii)(c) NDPS Act and sentenced 10 years imprisonment with fine — Appeal — Application for sus-pension of sentence and bail — Ganja was recovered from Dicky of a Scooter on which appellant was pillion rider and other person was driving it — Scooter met with accident and driver died where as appellant had become unconscious — Appellant was not the owner of scooter and had been in jail since 3-12-2001 — Sentence suspended and appellant admitted to bail. (Paras 5 & 6)
Result: Application allowed.
Judgment
K.H.N. Kuranga, CJ.— Heard both the counsel on the question of admission of this appeal. The appeal is admitted for consideration. Call for the records.
2. Also heard on the application (M.(Cri.) P.N. 3726/2002) for suspension of sentences imposed on the appellant and releasing him on bail.
3. The appellant has been convic-ted for the commission of the offences under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act and sentenced to undergo RI for ten years and pay fine of Rs. 1,00,000/- in default of payment of fine to undergo RI for two years. He has challenged the same in this appeal.
4. Counsel for the appellant sub-mitted that the scooter bearing registra-tion No. MP-16/505 from which the Ganja was seized was being driven by Satyababu Naidu and the appellant was a pillion rider. The scooter met with an accident and the appellant became unconscious, he was taken to the Hospi-tal and the Ganja found in the scooter was seized. Satyababu Naidu died. Coun-sel further submitted that the appellant is not the owner of the scooter and when he was unconscious the Ganja was seized and he was not having the knowledge of the Ganja kept in the scooter. The appellant is in jail since 3-12-2001 which is not disputed by the learned counsel for the State/respondent.
5. Having regard to these facts, the application (M.(Cri.) P.N. 3726 of 2002) is allowed. Execution of the sentences impo-sed on the appellant shall remain sus-pended and he is directed to be released on bail on his executing a bond in sum of Rs. 5,000/- with two sureties for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 19-12-2002. He shall there-after appear before the trial Court on a date to be fixed by the Registry of this court and shall thereafter continue to appear before the trial Court on all such other subse-quent dates as are given in this behalf by the said Court, till the disposal of this appeal.
Parties are entitled for certified copy of this order.
Application allowed.
