IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 4282 of 2024 (JORGE RENAN SOLIS FERNANDEZ Vs DIRECTORATE OF REVENUE INTELLIGENCE )

Dated : 13-11-2024 Shri Rishi Malhotra, learned senior counsel with Shri Lucky Bijolia, learned counsel for the appellant.

Shri Chandan Airen and Ms. Anita Rathore, learned counsel for the respondent.

Heard on IA No.16258/2024 which is first application for suspension of jail sentence under section 389(1) of the Code of Criminal Procedure on behalf of appellant Jorge Renan Solis Fernandez.

02. As per prosecution case, one Mr. Kamal Kumar Sharma (PW-1)

received an information from his sources that one foreign national will be visiting Indore between 24th September to 27th September 2018 and one Manu Gupta along with Mohammad Sadiq shall hold a meeting with the foreigner either on 24th or 25th September 2018 at M/s. Science Intermediary, G-1, Luxury House, 10" South Tukoganj, Indore in connection with supply/smuggling of huge quantity of Fentanyl HCL and the said information was further communicated telephonically to Shri Nitin Aggarwal (PW-31), the then DD, IZU, on 21.09.2018 through Shri Jaspreet Singh Sukhija (PW-30), the then Deputy Director, DRI, HORS, New Delhi. The said Shri Nitin Aggarwal (PW-31) passed on the said information to Shri Hari Shankar Gurjar, the complainant herein (PW-32). On the basis of the said information, various teams were constituted by DRI on 25.09.2018 and Signature Not Verified Signed by: SOUMYA raids were conducted at 10, South Tukaganj, Indore and at second floor of 111-B, Polo Ground. It is alleged that contraband Fentanyl HCL was recovered from both the above mentioned places. During search at 10, South Tukaganj, the officers of DRI alleged to have recovered and seized commercial quantity of Fentanyl HCL i.e. 4077 grams in the presence of three accused persons namely, Mohd. Sadiq, Manu Gupta and Solis Fernandez Jorge and in the presence of one Man Singh Dandotiya PW-17. Similarly, during search at 2nd Floor of 111-B, Polo Ground, Indore, the officers of DRI is alleged to have recovered and seized commercial quantity of Fentanyl HCL i.e. 5110 grams in the presence of two witnesses namely, Majid Khan PW-25 and Ram Chander Chaudhary PW-26 on 25.09.2018. Similarly, during the search at G-12, Amar Aangan, Basant Vihar, Indore, the officers of DRI alleged to have recovered and seized commercial quantity of Fentanyl HCL i.e. 1724 grams on 26.09.2018. Thus, the entire quantity of alleged recovery of contraband was 10911 grams. The prosecution examined 32 witnesses in support of its case whereas defence examined 2 witnesses. The learned trial Court had also examined chemical expert Ms. Seema Stivastav as court witness. After arguments the Ld. Spl. Judge found the appellant guilty of offences u/s 21 (C), and 29 read with 8 (C) & 23 (C) of NDPS Act vide impugned judgment dated 12.05.2023 and sentenced the appellant to undergo RI for 20 years and also imposed a fine of Rs. 2 Lakh each and was also ordered to further undergo rigorous imprisonment of 1 year for default of payment of fine, vide order dated

12.05.2023.

Signature Not Verified Signed by: SOUMYA

03. Counsel for the appellant argued that the appellant is a resident of Mexico and understands only Spanish language. It is vehemently argued that during the trial, the appellant has been deprived of his valuable rights of fair trial. As the provisions of Section 273, 277, 278(3), 279, 281 & 318 of the Code of Criminal Procedure, 1973 (for short CRPC) have not been followed which sum and substance provide that while trying an accused it must be ensured that he understands the proceedings and should also be provided a proper interpretation of the evidence in language which he understands. Thus, on account of non-compliance of mandatory provision of the Cr.P.C., the appellant has been denied a fair trial as guaranteed under Article 21 of the Constitution of India, therefore, the trial is vitiated.

04. It is argued that there is n