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ATUL SREEDHARAN
Parmal Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Atul Sreedharan, J. - This is the Second application under Section 439 of Cr.P.C. on behalf of the applicant, who is in custody since 23.07.2022, in connection with Crime No.127/2022, registered at Police Station- Mihona, District Bhind (M.P.) for the offence under Sections 8/20, 29 of the NDPS Act.
2. At the very outset, learned counsel for the applicant has placed before this court the orders passed by it on 23.01.2023 in MCRC No.61284/2022 and MCRC No.574/2023 whereby the co-accused persons Banwai Parihar and Narayan Shukla were granted benefit of bail. The said co-accused persons, like the applicant herein were arrested on 23.07.2022. From Narayan Shukla 13.5 kilograms of Ganja and from Banwai Parihar 12.2 kilograms of Ganja were seized. They were granted bail because the said quantity was an intermediate quantity and therefore, the bar of Section 37 did not apply. The applicant herein likewise was arrested and from him 16.400 kilograms of Ganja was seized which is also an intermediate quantity. Therefore, on the ground of parity the application is allowed.
3. It is directed that the applicant herein shall be enlarged on bail upon his furnishing a personal bond in the sum
The principle of parity with co-accused persons influenced the court's decision to grant bail to the applicant under the NDPS Act.
The quantity of seized drugs and the absence of criminal antecedents are crucial factors in determining bail applications under the NDPS Act.
Granting bail based on concerns over alleged false recovery and lengthy trial process under N.D.P.S. act
The court emphasized that bail is the rule and jail is the exception, particularly when the accused has no prior criminal record and the charges do not warrant stringent bail conditions.
The rigours of Section 37 of the NDPS Act do not apply to cases involving intermediate quantity of contraband, influencing the court's decision to grant bail.
The main legal point established in the judgment is that the court can grant bail under Section 439 of Cr.P.C without resorting to Section 37 of the NDPS act based on the interpretation of the seized....
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.
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