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SUBODH ABHYANKAR
Shriram S/o Narayan Ram – Appellant
Versus
State of Madhya Pradesh – Respondent
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 His first application MCRC No.26175/2022 was dismissed by this Court vide order dated 14.06.2022 as withdrawn.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
The main legal point established in the judgment is the application of precedent in granting bail, specifically regarding the admissibility of contraband samples and the influence of previous court d....
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 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's decision was primarily based on the lack of clarity in the method of drawing samples of the seized narcotic drug, the quantity seized being less than the commercial quantity, and the leng....
The court has the discretion to grant bail after considering the totality of the facts and circumstances of the case.
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