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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, SANJAY PRASAD, JJ
Vikash Kumar @ Vikash Kumar – Appellant
Versus
Union Of India Through Ncb – Respondent
ORDER :
I.A.(Cr.) No. 1715 of 2025
1. The instant interlocutory application has been filed under Section 430(1) of the BNSS, 2023 for suspension of sentence dated 01.05.2023 passed by learned Special Judge (NDPS), East Singhbhum, Jamshedpur in N.D.P.S. Case NO. 08 of 2022 arising out of N.C.B. Case No. 06 of 2021, whereby and whereunder, the appellant has been sentenced to undergo R.I. for 20 (Twenty) years and fine of Rs. 2,00,000/-, in default of payment of fine he will suffer further R.I. for six months for the offence committed u/s 20 (b)(ii)(C) of N.D.P.S. Act, further sentence to undergo R.I. for 20 (Twenty) years and fine of Rs. 2,00,000/-, in default of payment of fine he will suffer further R.I. for six months for the offence committed u/s 25 of N.D.P.S. Act and further sentence to undergo R.I. for 20 (Twenty) years and fine of Rs. 2,00,000/-, in default of payment of fine he will suffer further R.1. for six months for the offence committed u/s 29 of N.D.P.S. Act. The period already undergone in custody by the convicts in this case will be set off with the sentence and further directs to execute personal bond of Rs. 2,00,000/- to abstain himself for commission of any offence
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.
Compliance with statutory procedures during search and seizure is essential for maintaining the integrity of evidence in drug-related offenses.
The location of contraband recovery outside a residence creates grounds for suspension of sentence under the N.D.P.S. Act when it raises questions about culpability.
Procedural irregularities in sampling under the N.D.P.S Rules do not negate the validity of seizure and testing if properly conducted.
Point of Law : Statement under Section 67 cannot be relied upon but herein, Court are not considering to rely upon statement under Section 67 of NDPS Act, thus judgment is also not applicable in this....
In criminal proceedings, inconsistencies in witness testimonies can create reasonable doubt, warranting bail during the appeal process.
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