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2002 Supreme(MP) 270
S.P. Khare, J.
Bhairo Singh v. State of M.P.
Cr. Appeal No. 1268 of 2001(J); Decided on 4.3.2002. *
A. Usmani for appellant; Rajkumar Verma, Panel Lawyer for State.
Headnote:Criminal P.C., 1973 -- S. 389 -- suspension of sentence -- offence under Narcotic Drugs and Psychotropic Substances Act, 1985 - seizure of brown sugar from The Trouser of the accused not specifically mentioned in memos -- appellant released suspending sentence.
naM izfdz;k lafgrk] 1973 && /kkjk 389 && naMkns‘k dk fuyacu && Lokid vkskf/k vkSj eu%izHkkoh inkFkZ vf/kfu;e] 1985 ds v/khu vijk/k && vfHk;qDr ds isaV ls czkmu "kqxj dh tCrh fofufnZ"V :i ls Kkiuksa esa mfYyf[kr ugha dh xbZ && naMkns‘k fuyafcr dj vihykFkhZ NksM+k x;kA
Application [M. (Cr) P. No. 3903/2001] under section 389(1) considered. Arguments heard.
It is pointed out that in the seizure memos. (Exs. P-4 and P-S) it is not specifically mentioned that the alleged brown sugar was seized from the trouser (pant) of the appellant. It is submitted on behalf of the appellant that this case is akin to the decision of the Supreme Court in Bhola Ram Kushwaha v. State of Madhya Pradesh [AIR 2001 SC 229]. In this ease also, the Panch witnesses have not supported the prosecution case.
The execution of sentence of imprisonment appealed against is suspended and appellant Bhairo Singh alias Bhairolal is directed to be released on bail on his furnishing a bail-bond of Rs. 20,000/- with two sureties for the like amount to the satisfaction of the trial Court. The appellant shall appear before the trial Court on 7.5.2002 and on such further dates as may be fixed by that Court till the disposal of this appeal.
