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SUBODH ABHYANKAR
Parasram S/o Pappulal – Appellant
Versus
State of M. P. – Respondent
JUDGMENT :
1. They are heard. Perused the case diary /challan papers.
2. This is the first application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.84/2021 registered at Police Station Daloda, District Mandsaur (MP) for offence punishable under Sections 8/15, 29 of the N.D.P.S. Act.
3. The applicant is in custody since 02.03.2021.
4. The allegation against the applicant is that he is also involved in the aforesaid case wherein 67 Kg. of poppy straw has been seized from the possession of co-accused Mukesh, whereas 23 Kg. of poppy straw has been seized from the Dhaba in which the applicant was working as a servant.
5. Counsel for the applicant has submitted that he is only a salaried employee of the main accused Mohammad Shafiq and had no active participation in the offence and it was further submitted that 23 Kg of poppy straw has also not been seized from the possession of the present applicant and he has no criminal antecedent. The applicant is an employee of Dhaba and has been falsely arraigned in the case only on the basis of a memorandum under Section 27 of the Evidence Act, 1872 prepared at the instance of the co-accused. He is
NDPS Act – Grant of Bail – Applicant not actively participant in offence – Contraband not recovered from his possession and having no criminal antecedent – Entitle for bail.
The court has the discretion to grant bail to an accused under Section 439 of the Criminal Procedure Code, considering the facts and circumstances of the case, even if the accused is charged under th....
The principle of parity with co-accused and the requirement of legal evidence influenced the Court's decision in granting bail to the applicant.
The court's decision to grant bail was based on the lack of material connecting the applicant with the alleged offence and the likelihood of a long trial, as well as the provisions of Section 439 of ....
The court reinforced that the stringent bail provisions under the NDPS Act require clear evidence of innocence, which was lacking in this case.
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