IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SMT. JUSTICE ANURADHA SHUKLA rd ON THE 3 OF JUNE, 2024 MISC. CRIMINAL CASE No. 20441 of 2024 BETWEEN:-

PRAKASH DWIVEDI, S/O SHRI RAMSUBHG DWIVEDI, AGED ABOUT 44 YEARS, OCCUPATION: SELF EMPLOYED, R/O PARAI TEHSIL CHITRANGI, DISTRICT SINGRAULI (MADHYA PRADESH)

.....APPLICANT (BY SHRI ANHISHEK PANDEY - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION GADHWA, DISTRICT SINGRAULI (MADHYA PRADESH)

.....RESPONDENT (BY SHRI DILIP SHRIVASTAVA - GOVERNMENT ADVOCTE)

Reserved on: 27.05.2024 Pronounced on: 03.06.2024 This application having been heard and reserved for orders, coming on for pronouncement this day, the court passed the following:

ORDER

This is third application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.426/2022 dated 15.11.2022 registered at Police Station Gadhwa, District Singrauli (M.P.) for the offence punishable under Sections 8, 21 and 22 of the NDPS Act.

Signature Not Verified Signed by: SHARAN JEET Learned counsel for applicant has submitted that applicant is innocent and has been falsely implicated in the crime in question. The applicant is in custody and trial will take considerable time to conclude. He further submits that applicant is permanent resident of district and there is no likelihood of his absconding from the clutches of law or tampering with prosecution evidence. He also submits that the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court.

Upon these grounds, the applicant may be released on bail.

Learned counsel for the State has opposed the bail application and prayed for its rejection.

Heard learned counsel for the parties and perused the case-diary.

This repeat bail application is third in sequence. The earlier two bail applications were dismissed on merits under M.Cr.C. Nos.41905/2023 and 53339/2023. According to the prosecution, the car from which 210 bottles of intoxicating cough syrup were seized was of the ownership of applicant. According to applicant, compliance of Section 52A of the NDPS Act was not ensured in the case and from the earlier bail orders, it appears that this argument was never advanced earlier.

The case diary reveals that immediately after the seizure of intoxicating cough syrup bottles, two samples were drawn by the Seizure Officer and they were marked as Article-A1 and A2. One of these seized samples, Article-A1 was sent to Drug Analysis Lab on 15.11.2022 vide the draft of S.P. Singrauli. Later, somewhere in the month of April, 2023 the seized items were placed before the Judicial Magistrate First Class, Devsar, District Singrauli and the order-sheets reveal that total 208 bottles were produced before her. She made bunches of 10 bottles each and drew 02 samples from every bunch. Thus, Signature Not Verified Signed by: SHARAN JEET Articles B-1 and B-2 to V-1 and V-2 were drawn as samples and these samples as well as the remaining seized quantity were handed over to the police in the sealed state. Incidentally, these samples drawn by the Magistrate were never sent for chemical analysis at any later stage as the charge-sheet filed on

11.05.2023 reveals that only 01 FSL draft was prepared in the case.

These facts reflect that compliance of Section 52A of NDPS Act was not ensured in the case. Accordingly, in the light of this new fact of non-

compliance of Section 52A of NDPS Act, this third bail application is allowed.

It is directed that the applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial.

It is further directed that the applicant shall comply with the provisions of Sectio