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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Vivek Rusia, J.
Mangilal @ Manga – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 2019 of 2023
Decided On : 01-02-2023
NDPS Act - Bail Application - The court granted bail to the applicant, considering the quantity of contraband recovered and the implication based on the statement of another accused.
Fact of the Case:
The applicant filed a bail application under Section 439 of Cr.P.C. for an offence under Section 8/20 of NDPS Act. The applicant was in jail since 02/10/2021, and the first application was previously dismissed.
Finding of the Court:
The court, without commenting on the merits of the case, granted bail to the applicant, directing him to furnish a personal bond and sureties for his appearance before the Trial Court during the pendency of the trial.
Issues: The main issue was the grant of bail to the applicant, considering the quantity of contraband recovered and the implication based on the statement of another accused.
Ratio Decidendi: The court considered the quantity of contraband recovered, which was less than the commercial quantity, and the implication of the applicant based on the statement of another accused who had been granted bail in a separate case.
Final Decision: The bail application was allowed, and the applicant was directed to be released on bail upon furnishing the required bond and sureties.
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 name of present applicant - Mangilal @ Manga as the person from whom he procured the said contraband.
4. Learned counsel for the applicant submits that this applicant has been implicated on the basis of memorandum under Section 27 of Evidence Act of Dilip who has been granted bail by this Court vide order dated 04.01.2022. So far as the other criminal case registered against him is concerned, in that case also he has been enlarged on bail. In the present case quantity of Ganja i.e. 09 kg and 100 grams is recovered which is less than the commercial quantity. The applicant is in jail since 02.10.2021, in this premises, learned counsel for the applicant submits that applicant may kindly be granted bail.
5. Learned Government Advocate for the respondent / State opposes the application and prays for its rejection.
6. Considering the facts and circumstances of the case and without commenting on the merits of this case, I deem it proper to enlarge the applicant on bail. Accordingly, the bail application is allowed. The applicant - Mangilal @ Manga is directed to be released on bail upon his furnishing personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakh Only) with two sureties of Rs. 1,00,000/- (Rupees One Lakh Only) each (one must be local) in the like amount to the satisfaction of the Trial Court for his appearance before that Court during the pendency of trial. The applicant shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.
7. This bail order shall be effective till the end of the trial, however, in case of bail jump, the present bail order shall become ineffective.
Certified copy as per rules.
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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