The court denied bail based on the applicant's extensive criminal history and the significant quantity of contraband involved, emphasizing the need to consider the nature of allegations and prior offenses.

This is the first application filed by the applicant for grant of regular bail under section 439 of the Code of Criminal Procedure, 1973 relating to FIR No 360/2020 registered at P.S-Narayangarh, District- Mandsaur (M.P.) for the offence under sections 8 /15, 29 of NDPS Act.

2/ As per prosecution story, on 18/12/2020, the police got discreet information from the informer regarding illegal transportation of contraband.

Acting upon the said information, the police reached the spot and intercepted Tanker vehicle bearing registration number RJ/14/GE/8271 and recovered 17 quintals 84 kg poppy-straw from the possession of co-accused Rajuram.

During investigation, it was also gathered that present applicant Kamal is also involved in the said offence. Accordingly, the aforementioned offence was registered and he was arrested.

3/ Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. Applicant is in custody since 17/08/2023. Co-accused Jagdish has been enlarged on anticipatory bail vide order dated 03/08/2021 passed by this Court in MCRC no. 36357/2021. Other co-accused Dashrath, Dinesh and Jitendra have also been enlarged on bail. Co-accused Hussain has also been enlarged on bail by the order of the trial Court. Case of present applicant is identical to the case of co-accused persons, who have been enlarged on bail. Nothing has been recovered from his possession. He has been implicated on the basis of memo given by the co- accused persons, but no contraband or incriminating article have been recovered from his possession. He is permanent resident of District- Pratapgarh. Final conclusion of trial shall take sufficient long time. Hence, he prays that the applicant be released on bail.

4/ Per-contra, learned counsel for respondent – State opposes the bail application and prays for its rejection by submitting that cogent evidence has been found against the applicant and 37 criminal antecedents have been found against the applicant; he is habitual offender, therefore, he does not deserve for grant of bail.

5/ Perused the impugned order of the trial Court as well as the case dairy.

6/ Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that although other co-accused persons were enlarged on bail by the order passed by co-ordinate Bench of this Court, but applicant's earlier application filed under section 438 of Cr.PC has been dismissed by this Court vide order dated 08/11/2021 passed in MCRC no. 52696/2021; apart from the above, the application filed under section 482 of Cr.PC for quashment of FIR by the applicant had been dismissed vide order dated 29/09/2022 passed in MCRC no.83149/2021; the applicant is a habitual offender having 37 criminal antecedents; some of the criminal antecedents are related to NDPS Act, therefore, the case of present applicant cannot be considered to be similar with the other co-accused persons; in the instant case, the seized quantity of the contraband is very huge and more than commercial quantity, therefore, this Court is not inclined to grant bail to the applicant 7. Accordingly, present application filed under section 439 of Cr.P.C has not force and is hereby dismissed . Certified copy, as per Rules.