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S. A. DHARMADHIKARI
Kamlesh Patel – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
S. a. Dharmadhikari, J. - Heard learned counsel for the parties.
Case diary perused.
The applicant has filed second application under section 439 of the Cr.P.C. for grant of bail.
Applicant has been arrested on 04.10.2021 by Police Station Sihora, District Jabalpur (M.P.) in connection with Crime No.658/2021, registered in relation to the offence punishable under Section 8/20 of Narcotic Drugs & Psychotropic Substances act. His earlier application i.e. M.Cr.C.No.53231/2021 was dismissed as withdrawn vide order dated 30.11.2021.
The allegation against the applicant, in short, is that on 04.10.2021, on the basis of information received at Police Station, Sihora alleging that three persons near Dhangaon Bridge are carrying "Ganja" with them and are waiting for the customers selling the psychotropic substance. On raid being conducted, three persons including the present applicant was caught hold on the spot and "Ganja" weighing about 3.900 Kgs. was recovered from the possession. On the basis of aforesaid, crime has been registered.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the case. He is in custody since 04.10.2021
The court considered the prolonged pre-trial detention, the potential spread of COVID-19 in jails, and the lack of likelihood for the trial to conclude in the near future as grounds for granting bail....
The court considered the nature of the offence, the quantity of contraband seized, and the petitioner's custody duration to determine the entitlement to bail, ensuring the protection of the petitione....
The quantity of seized drugs and the absence of criminal antecedents are crucial factors in determining bail applications under the NDPS Act.
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.
The court ruled that when the investigation is nearly complete and the accused has been in custody for a significant period, bail may be granted under reasonable conditions.
The court considered the quantity of contraband seized and the completion of the investigation as key factors in granting bail to the applicant.
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