ORDER

1. Heard with the aid of case-diary.

2. This is applicant's First application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as the applicant is apprehending his arrest in connection with Crime No.641/2022 registered at Police Station Neemuch Kent, District Neemuch (MP) for offence punishable under Sections 8/15, 25, 26 & 58(2) of the N.D.P.S. Act.

3. As per the prosecution, 1 Kg. 500 gm. Opium has been recovered from the possession of co-accused Shobharam from Bharbhdiya Fanta, Chetpura Road during vehicle checking when he was found transporting the contraband on his motorcycle bearing registration No.MP44-BA-6894. On recording of his memorandum under Section 27 of the Evidence Act to the effect that he had procured the said contraband from the applicant he has been implicated for the present offence.

4. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. Besides the memorandum under Section 27 of the Evidence Act of co-accused Shobharam there is no other material against the applicant. The quantity which has been recovered though is above the minimum quantity but is below the commercial quantity. There is no direct evidence linking the applicant to the present case. It is hence submitted that the applicant deserves to be granted the benefit of anticipatory bail.

5. The aforesaid prayer has been opposed by the learned counsel for the respondent/State submitting that in view of the material available against the applicant he is not entitled for benefit of anticipatory bail, particularly when there is another criminal antecedent against him under the N.D.P.S. Act itself.

7. I have heard learned counsel for the parties and have perused the case diary.

8. The implication of the applicant in the present matter appears to be solely on the basis of memorandum under Section 27 of the Evidence Act of co-

accused Shobharam. No recovery has been made from the present applicant and there is no direct evidence linking him to the present case. The call details between the applicant and the co-accused appear to be insufficient for implication of the applicant. Thus, in my opinion, the applicant deserves to be granted the benefit of anticipatory bail.

9. It is directed that in the event of arrest of applicant by the Arresting Officer, he shall be released on bail subject to his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety of like amount to the satisfaction of the Arresting Officer (Investigating Officer).

10. The applicant shall make himself available for interrogation by a Police Officer, as and when required. Applicant shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

11. Accordingly, Miscellaneous Criminal Case No.45181/2022 stands allowed.

Certified copy as per rules.

(PRANAY VERMA) JUDGE ns