[2025:RJ-JP:22426] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application No. 800/2024 in S.B. Criminal Appeal No. 941/2024 Narayan Lal S/o Mohanlal, Aged About 39 Years, R/o Sameli Shankar, P.s. Shamgarh, District Mandasur (Presently Confined In Central Jail Kota) ----Petitioner Versus Government Railway Police, (GRP) Kota Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Pradeep Kumar For Respondent(s) : Mr. Devi Singh, PP with Mr. Gaurav Gupta, AAAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 27/05/2025 1. The instant application for suspension of sentence is preferred by appellant- Narayan Lal S/o Mohanlal in pending appeal filed aggrieved from order of conviction and sentence dated 06.04.2024 in Sessions Case No. 23/2019 passed by learned Special Judge (NDPS Act cases), Kota whereby appellant was convicted for offence under Sections 8/18(C) of NDPS Act and further sentenced to undergo rigorous imprisonment of seven years with fine of ₹50,000/- 2. Learned counsel for the appellant while relying upon grounds of appeal submitted that petitioner is innocent person and he was [2025:RJ-JP:22426] (2 of 4) [SOSA-800/2024] falsely implicated by police. He further submitted that a total of 600 grams of opium was allegedly recovered from conscious possession of appellant accused but recovery was not established beyond the reasonable doubt. He further submitted that the search and seizure officer has not followed the mandatory provision of law while conducting search and seizure. He also submitted that a notice under Section 50 of NDPS Act was also not served to the appellant accused before search. Learned counsel has further pointed out discrepancies in the statement of witnesses and submitted that no independent witness was procured before initiating the process. At last, he submitted that the appellant accused was on bail and disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted criminal antecedent and custody certificate and all are taken on record. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of suspicion during routine surveillance on 21.04.2019 at platform no.1, Kota Railway Station, the GRP team has intercepted appellant accused and found one polythene bag containing black coagulated substance believed to be opium. After search and seizure 600 grams of contraband was recovered. Afterwards FIR no. 113/2019 under Section 8/18 of NDPS Act was registered. After investigation charge-sheet has been filed against the appellant accused. The prosecution has examined 12 witnesses and exhibited 13 documents whereas accused was examined under Section 313 Cr.P.C. but he has not submitted any [2025:RJ-JP:22426] (3 of 4) [SOSA-800/2024] defence evidence. The trial court has convicted the appellant accused. 6. One more criminal case under the Excise Act was registered at P.S. Shyamgarh, District Mandsaur (M.P.) against the appellant. Till date, the appellant has served more than one year five months and twenty three days in custody. The recovered quantity is below the commercial quantity. The appellant accused was released on bail in pursuant to order dated 20.08.2019 in bail application no. 10479/2019 passed by a Co-ordinate Bench of this Court. The grounds raised by learned counsel requires consideration only at the stage of merit 7. At this stage, it is not possible for us to express any opinion on merits of the case, but looking to the facts and circumstances of the case, it is a fit case to enlarge appellant on bail. 8. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused- Narayan Lal S/o Mohanlal is suspended till disposal of appeal with the condition that he would executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 10.09.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled. [2025:RJ-JP:22426] (4 of 4) [SOSA-800/2024] 2. That he will appear before the trial Court in the month of January of every year till the appeal is decided. 3. That if the applicant(s) changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court. 4. Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court. 9. Misc. Application stands disposed of. 10. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /3(sosa)