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High Court Of Rajasthan
Judgename : H.R.PANWAR
SAFFIRU - Appellant
Versus
STATE OF RAJASTHAN - Respondent
Criminal Appeal 409 Of 2006
Decided On : 05/18/2006
NDPS Act - Bail Application - The court allowed the bail application under Section 389 Cr. P. C. and suspended the substantive sentence of imprisonment pending the final disposal of the appeal, based on the noncompliance of the provisions of Section 50 of the NDPS Act and the facts and circumstances of the case.
Fact of the Case:
The appellant-applicant sought suspension of the substantive sentence of imprisonment awarded to him based on the alleged noncompliance of the provisions of Section 50 of the NDPS Act and the circumstances of the case.
Finding of the Court:
The court found it just and proper to suspend the substantive sentence of imprisonment pending the final disposal of the appeal, without commenting on the merit of the case.
Issues: Noncompliance of the provisions of Section 50 of the NDPS Act, and the application for suspension of sentence under Section 389 Cr. P. C.
Ratio Decidendi: The court decided to suspend the substantive sentence of imprisonment based on the noncompliance of the provisions of Section 50 of the NDPS Act and the facts and circumstances of the case.
Final Decision: The bail application filed under Section 389 Cr. P. C. was allowed, and the court ordered that the substantive sentence of imprisonment shall remain suspended till final disposal of the appeal, provided certain conditions are met.
( 1 ) HEARD learned counsel for the appellant-applicant and perused the judgment and order impugned. Admit. Issue notice. Mr. JPS Chaudhary, Public prosecutor appearing for the State, accepts the notice. Heard on the application for suspension of sentence. It is contended by the learned counsel for the appellant-applicant that only 60 grams of opium alleged to have been recovered from the appellant-applicant and there is noncompliance of the provisions of Section 50 of the NDPS Act.
( 2 ) BE that as it may, without commenting on the merit of the case and having regard to the facts and circumstances of the case, I think is just and proper to suspend the substantive sentence of imprisonment awarded to the appellant-applicant.
( 3 ) ACCORDINGLY, the bail application filed under Section 389 Cr. P. C. is allowed and it is ordered that the substantive sentence of imprisonment passed by the Special Judge, NDPS act Cases, Chittorgarh, vide judgment dated 8-5-2006 in sessions Case No. 61/1998 against appellant-applicant Saffiru s/o Hamid Ansari shall remain suspended till final disposal of the aforesaid appeal, provided he executes a personal bond in the sum of Rs. 20,000/- with two sureties of Rs. 10,000/- each to the satisfaction of the learned trial Judge for his appearance before this Court on 12-7-2006 and whenever ordered to do so with the incorporation in the bond that as and when he will shift his place of residence, he will intimate to this Court and his lawyer about his new place of residence.
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