IN THE HIGH COURT OF JHARKHAND AT RANCHI
NAVNEET KUMAR, J.
Ram Oraon – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
I.A. No. 11655 of 2024
1. 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 dated 14.08.2024 and order of sentence dated 23.08.2024 passed in NDPS Case No. 25 of 2022 arising out of Khunti P.S. Case No. 48 of 2022 by the learned District & Additional Sessions Judge-II-cum-Special Judge, NDPS Act, Khunti whereby the appellant has been convicted for the offence punishable under Section 15 (b) and 18(C) of the NDPS Act and has been sentenced to undergo R.I. for 8 years with a fine of Rs.80,000/- and a default sentence of R.I. for 1 year 6 months only u/s 15(b) of the NDPS Act and further sentenced to undergo R.I. 8 years with a fine of Rs.80,000/- and a default sentence of R.I. of 1 year 6 month u/s 18(C) of the NDPS Act. Both the sentences were directed to run concurrently.
3. It is submitted on behalf of the appellant that the very genesis of the case is that contraband is said to have been recovered from the ho
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 established that procedural compliance is crucial in drug-related cases, and significant lapses can warrant bail despite statutory restrictions.
In criminal proceedings, inconsistencies in witness testimonies can create reasonable doubt, warranting bail during the appeal process.
The court established that procedural compliance under the NDPS Act is crucial, and failure to adhere to such provisions can lead to the grant of bail even in serious cases.
The court established that non-compliance with mandatory provisions of the NDPS Act can render evidence inadmissible, and that prolonged detention without trial can justify the grant of bail despite ....
The court granted bail based on insufficient evidence against the petitioner and the principle of parity with a co-accused already released on bail.
Non-compliance with Section 52A of the NDPS Act in evidence collection can lead to suspension of sentence, especially when prolonged custody and delays in appeal hearings are present.
Samples from narcotic drugs and psychotropic substances seized, shall be drawn on spot of recovery, in duplicate, in presence of search witnesses (Panchas).
Bail may be granted under the NDPS Act when the accused is not in direct possession of contraband and meets the twin conditions for bail.
Doubts in the prosecution's case regarding the seizure of contraband justified the suspension of the appellant's sentence.
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