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ANIL VERMA
CHHOGALAL S/o NARSINGH JAAT – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER : – Heard on I. A. Nos. 11296/2022 and 15002/2022, which the are applications for taking additional documents on record.
2. The above documents may be relevant for proper adjudication of this bail application, therefore, both the IAs are allowed and the documents are taken on record.
3. The applicant has filed this first bail application under section 439 of the Code of Criminal Procedure, 1973. Applicant is in jail since 30-3-2022 in connection with Crime No. 141/2022 registered at Police Station – Sardarpur, District Dhar (M. P.) for commission of offence punishable under section 8/18 of Narcotics Drugs and Psychotropic Substances Act, 1985.
4. As per the prosecution story, on 30-3-2022 police got a discrete information from the informant regarding the contraband article. Act upon the said information, police party reached on the spot and recovered 500 plants of opium from an open filed which was possessed by the applicant and the weight of the opium is 25.05 Kilogram. After necessary investigation, offence has been registered against the present applicant and he has been arrested.
5. Learned counsel for the applicant submits that applicant is innocent and he has been false
The lack of minimum sentence prescribed under the NDPS Act and the turning hostile of seizure witnesses influenced the court's decision to grant bail to the applicant.
The absence of specified small and commercial quantities for opium poppy cultivation under the NDPS Act means Section 37 does not apply, allowing for bail.
The court established that bail can be granted under Section 439 Cr.P.C. even in cases involving serious allegations under the NDPS Act, provided the circumstances warrant such a decision.
The court considered the lengthy trial process and absence of other pending cases in granting bail to the accused-petitioner for the offense under the NDPS act.
The main legal point established in the judgment is that while the gravity of the offence and the severity of punishment are relevant considerations for bail, other factors such as the presumption of....
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