Section 37 of the NDPS Act bars the grant of bail in cases of commercial quantity unless the court is prima facie of the view that the accused is not guilty of the offence and is not likely to commit any offence while on bail.

ORDER

This is second bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.4/2022 registered at Narcotics Control Bureau, District - Mandsaur (M.P.) for commission of offence under Sections 8, 20, 25, 27, 29 of NDPS Act, 1985. Applicant is in detention since 31.08.2022. 2. Applicant's first bail application was dismissed on merits vide order dated 09.05.2023 passed in M.Cr.C.No.10327 of 2023. 3. As per the prosecution story, on 12.7.2022 on the basis of secret information received by the Narcotics Control Bureau, one unnumbered Hundai Verna bearing registration No. MP-19-CC 4101 and one unnumbered Tata Harrier Car were intercepted. On search of bot the vehicles 124.110 Kg ganja was seized. In the course of investigation, it was found that present applicant had transferred money in the account of Shivam Singh for purchase of Ganja. After investigation charge sheet has been filed. 4. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. No ganja has been seized from his possession. Even in search of his house, nothing incriminating material was seized. He is enroped as accused only on the basis of memorandum of co-accused. It is further submitted that till date trial could not be concluded even after lapse of one year and six months. The allegation of seizure of 124.110 kg of ganja has been made as per the prosecution story whereas, the allegation against the present applicant is of transferring Rs.31000/- . Therefore, it is prayed that applicant may be released on bail.

5. On the other hand, learned counsel for the State has opposed grant of bail and has submitted that applicant has criminal background of two cases of similar nature under NDPS Act. The evidence has been collected about transfer of money from h about purchase of contraband. Therefore, he has prayed for dismissal of bail application.

6 . The argument of learned counsel for the applicant regarding transaction of the money by the present applicant with co-accused has already been considered in the earlier bail application. Same does not require any reconsideration. The present applicant is habitual offender. Section 37 of the NDPS Act puts a bar on grant of bail in cases of commercial quantity and in such cases bail can be granted only if twin conditions are fulfilled:

(1) that Court is prima facie of the view that accused is not guilty of the offence;

(2) that accused is not likely to commit any offence while on bail.

7. In the case in hand, applicant has criminal background of two cases of similar nature, therefore, no opinion can be formed in favour of applicant at this stage.

8. Therefore, having taken into consideration seizure of huge quantity of Ganja including the facts and circumstances of the case , I am of the view that it is not a fit case for grant of bail to the applicant.

9. Therefore, this second bail applications under Section 439 of the Code of Criminal Procedure filed on behalf of applicant-Suresh Kumar Bind is dismissed. (DINESH KUMAR PALIWAL) JUDGE mrs. mishra