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2022 Supreme(MP) 1143
IN THE HIGH COURT OF MADHYA PRADESH
Sanjay Dwivedi, J.
Rajendra Arya @ Vigul – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 57921 of 2022
Decided On : 08-12-2022
Subject
Criminal Law - Bail Application under NDPS Act
Act Referred
Madhya Pradesh Drugs Control Act : S.13, S.5
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT : S.21, S.22, S.8
Headnote
Bail - NDPS Act - The court granted bail to the applicant who was found in illegal possession of cough syrup bottles, considering the submissions made by the counsel for the parties and the quantity of seized cough syrup bottles.
Fact of the Case:
The applicant filed for bail in connection with a case registered under the NDPS Act for illegal possession of cough syrup bottles. The prosecution alleged that the applicant was found in possession of 17 bottles of cough syrup.
Finding of the Court:
The court granted bail to the applicant, without commenting on the merits of the case, considering the submissions made by the counsel for the parties and the quantity of seized cough syrup bottles.
Issues: The main issue was the grant of bail to the applicant who was found in illegal possession of cough syrup bottles, with the prosecution alleging criminal antecedents against the applicant.
Ratio Decidendi: The court's decision to grant bail was influenced by the submissions made by the counsel for the parties and the quantity of seized cough syrup bottles, without commenting on the merits of the case.
Final Decision: The court allowed the bail application and directed the applicant to be released on bail upon furnishing a personal bond and surety to the satisfaction of the trial Court, with the condition to abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
P.Dubey, Advocate, Tapan Bathre, Advocate
Final Result : Allowed
JUDGMENT
Sanjay Dwivedi, J. - This second application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.930/2022 registered at Police Station City Kotwali District Rewa, for the offence punishable under Section 8, 21, 22 of NDPS Act and 5/13 of M.P Drug Control Act.
2. As per the case of prosecution, the applicant was found in illegal possession of 17 bottles of cough syrup.
3. Counsel for the applicant submits that applicant is in jail since 17/10/2022. He has not committed any offence in any manner. He has falsely been implicated in this case. On these grounds, he prays for grant of bail to the applicant.
4. On the other hand, learned counsel for the respondent/State has opposed the bail application saying that there are criminal antecedents against the applicant.
5. Considering the submissions made by the counsel for the parties and quantity of seized cough syrup bottles, I am inclined to enlarge the applicant on bail. Therefore, without commenting anything on merits of the case, this application is allowed.
6. It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.
7. It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
Certified copy as per rules.
