ORDER

This first bail application has been filed on behalf of the applicant-Dheeraj

Mishra under Section 439 of the Code of Criminal Procedure for grant of bail, pending the trial.

The applicant has been arrested in connection with Crime No. 0182/2022, registered at P.S.-Chakghat, District - Rewa (M.P.) for commission of offence under Sections 8, 21 & 22 of NDPS Act, 1985, Section 5/13 of M. P. Drugs Control Act, 1949, Section 25/27 of Arms Act, 1959 and Section 419 of IPC.

Applicant is in jail since 10.08.2022.

As per the prosecution story, on 10.08.2022, a secret information was received by Sub Inspector Chetan Marskole that Dheeraj Mishra along with co- accused Ajay Pratap Singh and Ashutosh Pandey is travelling in a white colour Swift car bearing registration no.UP-70-EP-2049 with a large quantity of prohibited drug cough syrup and is coming from Prayagraj side to Rewa. The said information was reduced into writing. After completing necessary formalities, a team was formed to apprehend the said persons who, according to secret information, were carrying narcotic drugs. Police team along with the independent witnesses reached near half built Toll plaza Chakghat and barricaded the area. After sometime, they saw a white colour car coming from the Prayagraj side. The driver of the car seeing the barricades stopped it little away from the barricadings and all the three persons attempted to flee from the spot. With the help of the police force, one person was apprehended while two persons succeeded in fleeing from the spot.

The person who was apprehended on spot, introduced himself as

Dheeraj Mishra, a 37 years old resident of Bhagmari Gaddi Allapur Prayagraj. After completing the formalities, in search of the Swift car bearing registration no. UP-70-EP-2049, a white colour sack bag was found kept in which they were carrying 110 bottles of Onrex Cough syrup batch no.ONCS 1787. Every bottle was of 100 ml. When he was asked to produce the valid papers and licence for possessing and carrying such large quantity of the narcotic drug, he 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. One country made pistol with live cartridges and one chain of yellow metal were also seized. The car bearing registration no. UP-70-

EP-2049 in which aforesaid narcotic drug was being transported was also seized.

Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. It is further submitted that applicant Dheeraj Mishra is a valid medical license holder. The arm seized was a licensed arm. It is submitted that his car was seized in the area of UP and not in the jurisdiction of Chakghat police station of Rewa (M.P.). The police has prepared a false case against the applicant. It was also submitted that mandatory provisions of Section 50 and 42 of the NDPS Act were not followed. Therefore, it has been prayed that the applicant be released on bail.

On the other hand, learned counsel for the State has submitted that in this case, Onrex cough syrup was being transported illegally without proper documents. Applicant is found in possession of 110 bottles of narcotic drug, the said quantity comes within the purview of commercial quantity. Therefore, he be not released on bail.

I have gone through the material available in the case diary. As far the rigour of section 37 of the NDPS Act which regulates the grant of bail for offence involving commercial quantity of drugs is concerned, in case of commercial quantity accused can be released on bail only if the Court is satisfied that there are reasonable grounds for believing that accused is not guilty of such offence and that he is not likely to commit any offence while on bail.

Hira Singh and another

(2020) 20 SCC 272 mixture of narcotic drugs or psychotropic substance with one or more neutral substances, the quan