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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Amar Nath Kesharwani, J.
Sahiram – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 61818 of 2022
Decided On : 29-12-2022
| Table of Content |
|---|
| 1. bail application context and charges. (Para 1 , 2) |
| 2. arguments regarding bail request. (Para 3 , 4) |
| 3. court's decision on bail conditions. (Para 5) |
JUDGMENT
Amar Nath (Kesharwani), J. - This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 seeking bail in connection with Crime No.134/2022 registered at Police Station - Ratangarh, District - Neemuch for the offence punishable under Section 8 /15 of the Narcotic Drugs & Psychotropic Substances Act.
2. As per prosecution story, 15 kg of poppy straw was recovered from possession of the present applicant and he was arrested on 30.09.2022.
3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in this case. The contraband so recovered from possession of the present applicant is less than the commercial quantity. The applicant is having no criminal antecedent. Investigation is complete and charge-sheet was filed on 21.11.2022. There is no likelihood of early conclusion of the trial, hence, prays for release of the applicant on bail.
4. Per contra, learned Panel Lawyer for the respondent / State opposes the prayer for bail, but fairly concedes that the applicant has no previous criminal record.
5. Considering the facts and circumstances of the case, the quantity of contraband seized from possession of the present applicant and the arguments advanced by the counsel for the parties, without commending on the merits of the case, the application is allowed with conditions. The applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on all dates of hearing as may be fixed in this behalf by the trial Court during the pendency of the trial and the applicant shall also abide by the conditions enumerated under Section 437(3) of the Cr.P.C. The applicant will not involve in any offence of the same in future in future. If the applicant is found involved in similar nature of cases, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant in present case also.
Certified copy, as per Rules.
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 established that in cases involving the NDPS Act, factors such as the quantity of contraband, duration of custody, and absence of prior offences can significantly influence the decision to ....
The court established that in cases involving narcotics, the quantity of contraband and the duration of custody are significant factors in determining bail eligibility.
The main legal point established in the judgment is that the determination of the quantity of contraband and the application of bail provisions under the NDPS Act should be based on a realistic and p....
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....
Grant of bail - Search and seizer of contra bad Ganja - No antecedent of similar nature of offence - nature of allegation, quantity of contraband recovered from the possession.
Possession of narcotic contraband below commercial quantity can be a basis for granting bail under Section 439 Cr.P.C.
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