Prafull Kumar @ Sonu S/o Sh. Nanak Ram vs State of Rajasthan

Heard learned counsel for the applicant-appellant as well as learned Public Prosecutor on application for suspension of sentence.

It is submitted by learned counsel that notice (Ex.P-18) under Section 50 of the NDPS Act, given by the Seizure Officer, is per se laconic,

inasmuch, in the notice only one option is furnished to applicant, i.e. of Gazetted Officer, and other option of Magistrate is not incorporated.

Learned counsel further submits that the search and seizure proceedings were not carried out in presence of motbirs by the SHO concerned. It is

also submitted by learned counsel that there is no other criminal antecedent of the applicant showing his involvement in such offence under the

NDPS Act and he has already undergone sentence for almost two and a half years out of the total sentence of ten years. Lastly, learned counsel

contends that final hearing of the appeal is likely to take considerable time, therefore, in that background, the sentence may be suspended.

Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed

by learned Special Judge, NDPS Cases, Bhilwara, vide judgment dated 03.03.2017, in Sessions Case No.37/2015 against appellant-applicant,

Prafull Kumar @ Sonu S/o Sh. Nanak Ram, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail,

provided he 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 07.03.2018 and whenever ordered to do so till disposal of the appeal, on the conditions indicated below:-

That he will appear before the trial Court in the month of January every year till the appeal is decided.

That if the applicant 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.

Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of accused-applicant in a separate file. Such file be registered as Criminal Misc.

Case related to original case in which the accusedapplicant was tried and convicted. A copy of this order shall also be placed in that file for ready

reference. Criminal Misc. file shall not be taken into account for statistical purposes relating to pendency and disposal of cases in the trial court. In

case the said accused applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for

cancellation of bail.