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HIGH COURT OF MADHYA PRADESH
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
Madansingh @ Tinku – Appellant
Versus
State Of M.P. – Respondent
MCRC 19305/2024
Bail - NDPS Act - Sections 8/15 - The court granted bail to the applicant, who was arrested for possession of poppy straw without a license, as the seized quantity did not amount to a commercial quantity and the applicant had no criminal antecedents. The court considered the facts and circumstances of the case and directed the applicant to be released on bail upon furnishing a personal bond and sureties.
Fact of the Case:
The applicant, Madansingh @ Tinku, and a co-accused, Daljeet, were found in possession of 9.5 kgs and 5.5 kgs of poppy straw respectively, without having any license or authority. The police seized the contraband and registered a case against the applicant and the co-accused under Sections 8/15 of the NDPS Act.
Finding of the Court:
The court, without commenting on the merits of the case, granted bail to the applicant as the seized quantity did not amount to a commercial quantity and the applicant had no criminal antecedents. The court directed the applicant to be released on bail upon furnishing a personal bond and sureties.
Issues: Whether the applicant should be granted bail in the case registered under Sections 8/15 of the NDPS Act.
Ratio Decidendi: The court considered the facts and circumstances of the case, including the seized quantity not amounting to a commercial quantity and the applicant's lack of criminal antecedents, and decided to grant bail to the applicant.
Final Decision: The court granted bail to the applicant, Madansingh @ Tinku, upon furnishing a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each (one local surety) to the satisfaction of the concerned trial court.
ORDER
Heard with the aid of case diary.
This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant, in connection with FIR/Crime No.99/2024, Date:-(Not mentioned) registered at P.S.-Shamgarh, District- Mandsaur (M.P.) for commission of offence punishable under Sections 8/15 of the N.D.P.S. Act. 2. Prosecution story in brief is that, on 22.03.2024 applicant Madansingh@ Tinku and co-accused person Daljeet were found in possession of 9.5 kgs. and 5.5 kgs. of poppy straw respectively without having any license or authority. Police had seized the aforesaid contraband from the possession of applicant and co-accused person and accordingly crime has been registered against them.
3 . Learned counsel for the applicant submits that applicant has not committed the offence and has falsely been implicated in the case. It is submitted that seized quantity does not come under commercial quantity.
Applicant has no criminal antecedents and he is in custody since 22.03.2024. After completion of investigation charge sheet has been filed. The conclusion of the trial will take sufficient long time for its disposal. Under these circumstances, prayer is made for grant of bail to the applicant.
4. On the other hand, learned counsel for the non-applicant/State has opposed the prayer of the applicant and prays for rejection of the application.
5. Having considered the submissions advanced from counsel for the parties, also considering the facts and circumstances, without commenting on the merits of the case, this Court is of the view that applicant deserves to be enlarged on bail. Hence, the application is allowed.
6. It is directed that the applicant- MADANSINGH @ TINKU be released on bail upon his/her furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with two sureties of Rs.50,000/- (Rupees Fifty Thousand only) each (out of which one local surety) to the satisfaction of the concerned trial Court for his/her appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.
7. M.Cr.C. stands disposed of, accordingly. C.c. as per rules. (PRAKASH CHANDRA GUPTA) JUDGE ajit Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 27-05-2024 18:39:13
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