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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Suresh Das @ Suresh Das Tatwa – Appellant
Versus
Union of India – Respondent
P. B. Bajanthri, J.—
I.A. No.01 of 2023 arising out Criminal Appeal (DB) No.201 of 2021:
Brief facts of the case:
The present Interlocutory Application (I.A. No.01 of 2023) is filed by the appellant Suresh Das @ Suresh Das Tatwa under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and his release on bail during the pendency of the Criminal Appeal (DB) No.201 of 2021 filed by him. He is convicted for the offence punishable under Section 20(b)(ii)C of the NDPS Act and sentenced to undergo R.I. for a term of Twelve Years and fine of Rs.1,00,000/- (One Lac) and in default of payment of fine to undergo further Imprisonment for a period of Two Years.
2. Pursuant to the complaint dated 14.01.2018 at about 13:00 P.M, appellant was intercepted by S.S.B. Narkatiaganj at Pachrauta in District-West Champaran and recovered 4.50 kilogram of Charas. Based on this information, the Zonal Director, NCB, Patna, formed a team of NCB, Patna and, thereafter, the team departed from Patna to the place of occurrence. The Inspector of SSB Naresh Kumar narrated the occurrence. The seized substance was sealed with departmental seal and signatures of Seizing Officer, independent witnes
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