JUDGMENT

1. They are heard. Perused the case diary/challan papers.

2. This is the applicant's repeat (second) application under Section 439 of Criminal Procedure Code, 1973, as he/she is arrested in connection with Crime No.586/2021 registered at Police Station Sitamau, District Mandsaur (MP) for offence punishable under Section 8 read with Sections 15, 25 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985. His first application MCRC No.26175/2022 was dismissed by this Court vide order dated 14.06.2022 as withdrawn.

3. The applicant is in custody since 14.07.2021. The allegation against the applicant is that he was involved in the aforesaid offence wherein a commercial quantity of 300 kilograms of poppy straw was seized from the possession of the present applicant.

4. Counsel for the applicant has submitted that in an identical case MCRC No.30722/2022 (Jaivardhan S/o Sudarshan v. The State of Madhya Pradesh), this Court has allowed his 9th bail application on 02.08.2022 on the ground that the sample obtained from the contraband seized was not in accordance with law, as the entire batch of contraband was mixed and thereafter the samples were taken from it. It is submitted that in the present case also, the alleged quantity of 300 kilograms of poppy straw [kept in (15) fifteen bags] was recovered from the possession of the applicant in a vehicle bearing registration number GJ- 24 X-3455 and after mixing those fifteen bags together homogeneously, the samples have been taken out. Thus, it is submitted that the applicant's case is squarely covered by the order passed by this Court in the case of Jaivardhan (supra).

5. Hence, it is submitted that the bail application be allowed and he be released on bail. Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that looking to the quantity of contraband seized from the applicant and the other co-accused person, no case for grant of bail is made out.

6. Having considered the rival submissions and on perusal of the case diary as also the order passed by this Court in case of Jaivardhan (supra), this Court finds force with the contentions raised by the learned counsel for the applicant.

7. Accordingly, without commenting anything on merits of the matter, the present application for grant of bail is allowed. The applicant is directed to be released on bail upon his furnishing a personal bond in the sum of Rs.5,00,000/- (Rupees Five Lakhs only) with one surety in the like amount to the satisfaction of the Trial Court for his appearance, as and when directed.

8. It is also observed that after his release on bail, if the applicant is found in any criminal activities, the learned Judge of the trial Court shall, after giving an opportunity of hearing to the applicant, be at liberty to cancel this bail order, without further reference to this Court.

9. It is also directed that the applicant will abide by all the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

10. All the other pending interlocutory applications, if any, shall stand disposed of. Certified copy as per rules.