Back
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Atul Sreedharan, J.
Parmal Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Petition No. 4736 of 2023
Decided On : 30-01-2023
NDPS Act - Bail Application - The court allowed the bail application of the applicant based on the principle of parity with co-accused persons who were granted bail for possessing an intermediate quantity of Ganja under the NDPS Act.
Fact of the Case:
The applicant filed a bail application under Section 439 of Cr.P.C. for the offence under Sections 8/20, 29 of the NDPS Act. The co-accused persons were granted bail for possessing an intermediate quantity of Ganja.
Finding of the Court:
The court allowed the bail application of the applicant based on the principle of parity with the co-accused persons who were granted bail for possessing an intermediate quantity of Ganja. The court directed the applicant to furnish a personal bond and surety for bail.
Issues: Bail application under Section 439 of Cr.P.C. for the offence under Sections 8/20, 29 of the NDPS Act.
Ratio Decidendi: The principle of parity with co-accused persons who were granted bail for possessing an intermediate quantity of Ganja influenced the court's decision to grant bail to the applicant.
Final Decision: The applicant was directed to be enlarged on bail upon furnishing a personal bond and surety to the satisfaction of the trial court.
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 of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial court.
Certified copy as per rules.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
