Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1104

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Gurpal Singh Ahluwalia, J.
Ramswaroop – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 59588 of 2022
Decided On : 16-12-2022

Advocates Appeared:
Anshu Gupta, Advocate, Kalpana Parmar, Advocate
Final Result : Allowed

The absence of admissible evidence and the inadmissibility of the co-accused statement under Section 67 of NDPS Act influenced the court's decision to grant bail to the applicant.

Headnote:
Bail - NDPS Act - Admissibility of co-accused statement - The court granted bail to the applicant under Section 439 of Cr.P.C. considering the absence of admissible evidence against the applicant and the likelihood of a lengthy trial. The court also highlighted the inadmissibility of the co-accused statement under Section 67 of NDPS Act, referencing the judgment in the case of Tofan Singh Vs. State of Tamil Nadu. The court directed the release of the applicant on bail with certain conditions.
Fact of the Case:

The applicant was arrested in connection with a case registered under Sections 8/21, 29 of NDPS Act. The prosecution alleged that the applicant was involved in the purchase of smack, but no incriminating evidence was found in the applicant's possession.
Finding of the Court:

The court allowed the application for bail, considering the absence of admissible evidence against the applicant and the likelihood of a lengthy trial. The court directed the release of the applicant on bail with certain conditions.
Issues: The main issue was the grant of bail to the applicant under Section 439 of Cr.P.C. in a case related to the NDPS Act.
Ratio Decidendi: The court's decision was influenced by the absence of admissible evidence against the applicant and the reference to the inadmissibility of the co-accused statement under Section 67 of NDPS Act, as per the judgment in the case of Tofan Singh Vs. State of Tamil Nadu.
Final Decision: The court allowed the application for bail and directed the release of the applicant on bail with certain conditions.

JUDGMENT

Gurpal Singh Ahluwalia, J. - This first application filed under Section 439 of Cr.P.C. for grant of bail.

2. The applicant has been arrested on 03.12.2022 in connection with Crime No.142/2021 registered by Police Station Kumbhraj, District Guna for offence punishable under Sections 8/21, 29 of NDPS Act.

3. It is submitted by counsel for applicant that according to the prosecution case, two persons were going on a motor cycle. They were apprehended and 60 grams of smack was found from the possession of one of those two co-accused persons who had alleged that they have purchased the smack from the applicant. Nothing incriminating has been seized from the possession of applicant. It is submitted that in the light of judgment passed by the Supreme Court in the case of Tofan Singh Vs. State of Tamil Nadu decided on 29.10.2020 in Criminal Appeal No.152/2013, the statement made by a co-accused under Section 67 of NDPS Act is not admissible. There is no admissible evidence against the applicant. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.

4. Per contra, the application is vehemently opposed by counsel for the State. However, after going through the police case diary, it is submitted that there is nothing in the case diary to show the criminal antecedents of applicant.

5. Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

6. This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

7. In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per Rules.

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