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VIVEK RUSIA
Mangilal @ Manga – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vivek Rusia, J. - This is second bail application filed under Section 439 of Cr.P.C. in connection with Crime No.226/2020 registered at Police Station Nagalwadi, District Barwani for the offence punishable under Section 8/20 of NDPS Act. The applicant is in jail since 02/10/2021.
2. The first application was dismissed vide order dated 22/04/2022 passed in MCRC.No.1265/2022.
3. As per prosecution story, on 06/09/2020 police received an information from informant about one person transporting illicit contraband Ganja on a black coloured Hero Splendor motorcycle bearing registration number MP-43-MG-3902 from village Mandwadi to Ratlam for delivering the same to some smuggler. Police intercepted the said rider who revealed his name as Dinesh. Thereafter, police searched and found 09 kg 100 grams Ganja from the possession of main accused Dinesh. Thereafter, police registered case, arrested the main accused person and recorded his statement u/s 27 of Evidence Act wherein he implicated the name of one Dilip as the person from whom he procured the said contraband. Thereafter, police arrested accused Dilip and recorded his statement u/s 27 of Evidence Act wherein he implicated the nam
The court considered the quantity of contraband recovered and the implication based on the statement of another accused in granting bail to the applicant.
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 considered the lack of criminal antecedents, joint possession of contraband, and the applicant's role as the breadwinner for the family in granting bail under Section 439 of the Code of Cri....
The aggregation of contraband quantity from multiple accused and the application of the stringent provisions of Section 37 of the NDPS Act are crucial in determining bail applications in cases involv....
The accused were not entitled to claim default bail as the charge sheet had been filed before the expiry of the stipulated period of investigation under the NDPS Act.
Search and seizer of ganja - Grant of Bail - Nature and gravity of offence and further considering the quantity of ganja, which is more than a small quantity but less than commercial quantity.
The commercial quantity of contraband and prima facie evidence can be considered as grounds for denying bail under the NDPS Act.
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