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2018 DIGILAW 168 (SC)

Vidit v. State Of Madhya Pradesh

2018-01-30

KURIAN JOSEPH, MOHAN M.SHANTANAGOUDAR

body2018
ORDER 1. The petitioner is aggrieved since his application for suspension of sentence has been declined as per the impugned order dated 25.10.2016. 2. Sh. Sushil Kumar Jain, learned senior counsel appearing for the petitioner, has invited our attention to the merits of the matter in detail; however, in the nature of the order we propose to pass, we do not think it necessary and proper to refer to the same. 3. Suffice to note that the petitioner before us was a student, he had no other criminal antecedents and there is no recovery from him. He had been convicted under Section 29 read with Section 8 with Section 20(B)(ii)(c) of The Narcotic Drugs and Psychotropic Substances Act (in short, "NDPS Act") and the allegation was that he was piloting the vehicle in which the other two accused were transporting contraband, i.e. 60 kgs of Ganja. It is also seen that the bail application of the petitioner was considered along with the application of one of the other accused from whom there was recovery. 4. We find that the petitioner has undergone around four years of sentence as of now, out of 10 years. Since we do not propose to discuss the alleged involvement, on the basis of the evidence available, at this stage and since we propose to request the High Court to consider the matter independently, we leave it to the High Court to examine this aspect as well. 5. Accordingly, this Special Leave Petition is disposed of, permitting the petitioner herein to file a fresh application. In the event of such an application being filed, the same shall be considered on all the grounds taken by the petitioner and the order, on its own merits, may be passed within one month thereafter. 6. We make it clear that this order shall not stand in the way of the High Court, if it so chooses to dispose of Petitioner's appeal itself. 7. Pending Interlocutory Applications, if any, stand disposed of.