The court's decision to grant bail was based on the interpretation of the evidence and the precedent set by a previous court decision, without commenting on the merits of the case.

ORDER :

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 the applicant is implicated in connection with Crime No. 30/2022 registered at Police Station Malhargarh, District Mandsaur (MP) for offence punishable under Sections 8/15, 29 of NDPS Act.

3. The applicant is in custody since 14.02.2022.

4. As per the prosecution on 14.02.2022 on receipt of a secret information, the police reached the spot and recovered 91 kg contraband dodachura from the custody of the applicant and co-accused Ambalal which was being transported by them in a Car bearing registration No. MP-09-CY-9251. On the basis of the recovery made from the applicant and the co-accused, the applicant has been implicated and arrested for the present offence.

5. Learned counsel for the applicant submits that the alleged contraband weighing 91 kg was being carried by him and co-accused in six bags of different weights. The contents of all the bags were taken out on a canvas and mixed homogeneously. Two samples each of 500 gm were taken out from it. When the samples were not take out from each of such bags and sent separately for their test it cannot be said that all the bags seized from the accused contained poppy straw. It is further submitted that the applicant is in custody since 14.02.2022 and the final conclusion of the trial is likely to take a long time. On such grounds prayer for grant of bail to the applicant has been made.

6. The aforesaid prayer has been opposed by the learned counsel for the respondent/State submitting that in view of the allegations leveled against the applicant and the material collected by the prosecution against him, he is not entitled to be released on bail.

7. I have heard learned counsel for the parties and have perused the case diary.

8. The contraband of 91 kg was being allegedly transported by the applicant and co-accused in six bags. The contents of all the bags were mixed together on a canvas and after mixing the same homogeneously, two samples each of 500 gms were taken out from it. The samples were not taken out from each of such bags and sent separately for their test. It hence cannot be said that all the bags seized from the present applicant contained poppy straw. The applicant is in custody since 14-20-2022 and the final conclusion of trial is likely to take time. Thus, in my opinion, in view of the decision of this Court passed in MCRC No. 30722/2022 (Jaivardhan vs. State of M.P.) decided on 02.08.2022, relied upon by the learned counsel for the applicant, the applicant deserves to be enlarged on bail.

9. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One lac Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

10. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.