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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE NAVNEET KUMAR, J
Anil Kumar @ Eni, Son Of Krishna Murari Prasad – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
NAVNEET KUMAR, J.
I.A. No. 13725 of 2024
Heard learned counsel for the appellant and the learned A.P.P. representing the State.
2. The instant interlocutory application has been filed for suspension of sentence of the appellant by enlarging him on bail during pendency of the instant criminal appeal, which has been preferred against the judgment of conviction 09.12.2024 and order of sentence dated 16.12.2024 passed in N.D.P.S Case No. 06 of 2020 arising out of Sector-12 P.S. Case No. 68 of 2020 by the learned Sessions Judge- cum Special Judge, NDPS Act, Bokaro whereby the appellant has been convicted for the offence punishable under Section 20(b)(ii)(B) of the N.D.P.S. Act, 1985 and has been sentenced to undergo R.I. for 5 years and a fine of Rs.1,00,000/- and in default of payment of fine, further directed to undergo R.I. for 6 months.
3. The learned defence counsel at the outset has submitted on behalf of the appellant that the contraband which is alleged to have been recovered from the possession of this appellant is 1.5 kg ganja which comes under the category of intermediary quantity less than the commercial quantity and greater than the minimum quantity.
4. Further, it has
In criminal proceedings, inconsistencies in witness testimonies can create reasonable doubt, warranting bail during the appeal process.
The failure to meet statutory requirements for evidence handling and the absence of credible testimony regarding ownership of the premises where contraband was found led the court to justify granting....
The court upheld the conviction under the NDPS Act, emphasizing compliance with statutory provisions and the sufficiency of evidence linking the appellant to the crime.
Doubts in the prosecution's case regarding the seizure of contraband justified the suspension of the appellant's sentence.
The prosecution must prove guilt beyond reasonable doubt; any reasonable doubt benefits the accused, leading to acquittal.
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