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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Vijay Kumar Shukla, J.
Kalusingh – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 11097 of 2023
Decided On : 13-03-2023
Bail - NDPS Act - Grant of bail based on quantity of contraband, filing of charge-sheet, and absence of criminal record
Fact of the Case:
The applicant filed a second bail application under Section 439 of the Cr.P.C. in connection with a case registered under Sections 8/20 of NDPS Act. The earlier bail application was dismissed as withdrawn. The prosecution case involved the recovery of 1 Kg. 700 Grams Ganja, which is less than the commercial quantity.
Finding of the Court:
After considering the arguments and the circumstances, the court found that the alleged seized quantity of contraband was less than the commercial quantity, the charge-sheet had been filed, and the applicant had no criminal record. The court granted bail to the applicant without expressing any view on the merits of the case.
Issues: The main issue was whether the applicant was entitled to bail considering the quantity of contraband, filing of charge-sheet, and absence of criminal record.
Ratio Decidendi: The court's decision was influenced by the fact that the seized quantity of contraband was less than the commercial quantity, the charge-sheet had been filed, and the applicant had no criminal record.
Final Decision: The court allowed the bail application and directed the release of the applicant upon furnishing a personal bond. The court also issued directions regarding the examination of the applicant by the jail doctor and the consequences of the applicant's involvement in any other case during the trial.
JUDGMENT
Vijay Kumar Shukla, J. - This is second application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No. 605/2022 registered at Police Station â' Dharampuri, Dist. Dhar (M.P.) under Sections 8/20 of NDPS Act.
2. The earlier bail application was dismissed as withdrawn.
3. Counsel for the applicant submits that the charge-sheet has been filed and as per the prosecution case, 1 Kg. 700 Grams Ganja has been recovered. It is submitted that the aforesaid quantity is less than the commercial quantity, the applicant is in jail since 16.12.2022 and the charge-sheet has been filed. Counsel for the State opposes the prayer for grant of bail, however, fairly submits that there is no criminal record of the applicant.
4. After hearing learned counsel for the parties and taking into consideration that the alleged seized quantity of contraband is less than the commercial quantity, the charge-sheet has already been filed and there is no criminal record, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.
5. It is directed that applicant shall be released from custody upon furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac Only) with one surety of the like amount to the satisfaction of the Ld. Court below.
6. The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.
7. It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.
8. A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld.
Court below.
The quantity of contraband, filing of charge-sheet, and criminal record of the applicant are key factors in determining the grant of bail under the NDPS Act.
The completion of investigation, filing of chargesheet, and the lack of criminal antecedents are key considerations in granting bail.
The absence of the applicant's name in the complainant's statement recorded under Section 164 of Cr.P.C. and in the FIR, and the length of time the applicant had been in custody, were key factors in ....
The absence of criminal records, filing of the charge sheet, and prima facie case for bail influenced the court's decision to grant bail to the applicants.
The court considered the quantity of contraband seized and the completion of the investigation as key factors in granting bail to the applicant.
The completion of investigation, filing of chargesheet, lack of criminal antecedents, and absence of FSL report on the spurious liquor were crucial in granting bail to the applicant.
The lack of seizure from the applicant and the completion of the investigation can be considered as grounds for granting bail in certain cases.
The court has the discretion to grant bail under Section 439 of Cr.P.C. based on the facts and circumstances of the case, without commenting on the merits of the case.
The completion of investigation, grant of bail to a co-accused under similar circumstances, and the allegations in the dying declaration are influential factors in the court's decision to grant bail.
The decision emphasized the importance of evidence and the absence of a criminal record in granting bail under the M.P. Excise Act.
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