ORDER

These two first bail applications have been filed on behalf of the applicants-

Purushottam @ Dimpi Kahar (Raikwar) @ Billa and Raju Tripathi @ Anuj Tripathi under Section 439 of the Code of Criminal Procedure for grant of bail.

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170/2022, registered at P.S.-Kothi, District - Satna (M.P.) for the offence punishable under Section 8/21 of NDPS Act, 1985 & Section 5/13 of Drug

Control Act. Applicants are in jail since 03.09.2022.

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received by police Kothi that two person who have come from a white color car bearing registration No. MP-19-CB-8497 from Majhgawan side are standing at bypass road near Kothi Pulia. It was informed that they both have kept a plastic sack in the car in which narcotic drug blurex syrup is kept and they are waiting for someone to illegally sell aforesaid blurex syrup. The said information was reduced into writing. After completing necessary formalities, a team was formed to apprehend the said persons who, according to the secret information were carrying narcotics drug.

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and apprehended those persons. They introduced themselves as Purushottam @ Dimpi Kahar R/o Panna Naka Umri Police Station Civil Line Satna, District-Satna and Raju @ Anuj Tripathi R/o Panna Naka, Umari Police Station Civil Lines District Satna. They accepted that they are carrying blurex cough syrup in the plastic bag kept in the car bearing registration No. MP-19-CB-8497. After completing the formalities, in search on the rear seat of the vehicle, a plastic bag was found kept in which they were carrying 210 bottles blurex cough syrup batch No. TBHV 0928. Every bottles was of 100 ml manufacturing date was 7/22 and expiry date was 06/24. When they were asked to produce the valid paper and licence for possessing and carrying such big quantity of the narcotic drug, they could not produce any licence or the valid paper. Two bottles from the seized bottles were taken out for sample purposes. Seizure memo was prepared.

Samples were also sealed. After investigation, charge sheet has been filed. 5.

committed any offence. They are innocent. They have been falsely implicated. Nothing has been seized from their possession. Learned counsel for the applicant Raju Tripathi @ Anuj Tripathi placing reliance on the order dated 25.06.2021 passed in bail application No. 1136/2021 (Mohd Ahsan Vs. Customs) by single Judge of the Delhi High Court has submitted that in the case of Iqbal Sing Vs. State where Delhi High Court had granted bail in similar circumstances, learned single judge referring the judgment of Hira Singh Vs. Union of India reported in (2020) 20 SCC 272 has referred the matter to the larger bench framing questions whether in cases specifically related to manufactured drug with a miniscule percentage of a narcotic substance, the weight of the neutral substance ought to be ignored while determining the nature of the quantity seized i.e. small, commercial or in between and had released the applicant/accused on bail. Therefore, in this case applicant Raju Tripathi @ Anuj Tripathi may be released on bail. Learned senior counsel has also placed reliance on order dated 01.03.2016 passed in M.Cr.C. No. 21574/2015 (Vikendra Dwivedi Vs. State of MP) wherein a Coordinate Bench of this Court granted regular bail in recovery of 220 bottles of rancof cough syrup.

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reliance on order dated 10.11.2022 passed in M.Cr.C. No. 52498/222 (Ashish Gautam Vs. State of MP) wherein the Coordinate Bench of this Court has granted bail to the applicant in recovery of 930 bottles of cough syrup. It is also contended by the learned counsel that applicant Raju Tripathi @ Anuj Tripathi has no criminal background. Trial of the case will take considerable time. Therefore, it has been prayed that applicants be released on bail.

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the case codeine phosphate was being transported illegally without proper documents. Applicants are found in possession of the 210 bottles of narcotic drug having codeine phosphate, the said quantity comes within the purview of commercial quantity. Theref