In the case, Raju Jaiswal v State – CRA. NO. 262/2020, a man found with 153kgs ganja in a car was granted bail by the Calcutta High Court in a plea seeking suspension of sentence and bail while the appeal was being heard.
The appellant was sentenced under Section 20(b)(ii)(C)/29/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and was granted 10 years’ imprisonment and Rs 1 lakh fine by the trial court.
The High Court observed that a mere statement recorded under Section 313 of Code of Criminal Procedures that the concerned car is co-owned by the accused is not enough basis for holding him guilty for an offense under Section 20(b)(ii)(C) of the NDPS Act.
The court further held that it is satisfied with the appeal I its final consideration would require sustainable legal evidence on record and that the applicant has an arguable case for acquittal at the final stage of the appeal.
The bench headed by Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee allowed the application under section 389(1) CrPc, filed by the applicant seeking bail pending application for suspension of sentence.
The court released the applicant on bail upon furnishing a bond Rs 3,00,000 with three solvent sureties of Rs 50,000 each and on the condition that the appellant shall appear before the court once in a month until further orders and shall be available whenever the appeal is taken up for hearing and the applicant shall not involve in any activity punishable before the law.