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PRANAY VERMA
Yunus – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Pranay Verma, J. - Since these applications arise out of the same crime number and are related to the same offence they have been heard together and are being decided by the common order.
2. They are heard. Perused the case diary /challan papers.
3. These are first applications under Section 439 of Criminal Procedure Code, 1973. The applicants are implicated in connection with Crime No.219/2022 registered at Police Station Nai Abadi, District Mandsaur (MP) for offence punishable under Section 8/15, 25, 29 of the NDPS Act. The applicant Yunus is in custody since 05.09.2022 and applicant Ghanshyam is in custody since 24.02.2023.
4. As per the prosecution, on receipt of a secret information, the Police party reached the informed spot and recovered total 246 kg 400 gm. Contraband poppy straw from the possession of applicant Yunus which was being transported by him in a Mahindra Pick Up vehicle bearing registration No.RJ-01-GC-1869 without a valid license. The allegation against the applicant Ghanshyam is that he had provided the contraband for being transported.
5. Learned counsel for the applicants have submitted that in an identical case M.Cr.C. No.30722/2022 (Jaivardhan S/o Suda
The court's decision to grant bail was based on the interpretation of the evidence and the precedent set by a previous court decision, without commenting on the merits of the case.
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 ruled that the conditions for bail under Section 37 of the NDPS Act were not satisfied due to the serious nature of the offences and the substantial quantity of contraband involved.
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 to grant bail was based on the specific circumstances of the case, including the quantity of contraband recovered and the filing of the charge-sheet.
The court has the discretion to grant bail after considering the totality of the facts and circumstances of the case.
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