IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK st ON THE 1 OF MARCH, 2023 MISC. CRIMINAL CASE No. 9465 of 2023 BETWEEN:-

VINOD KUMAR VISHWAKARMA S/O SHRI RAMNATH VISHWAKARMA, AGED ABOUT 27 YEARS, OCCUPATION: LABOUR R/O VILLAGE KUSHIYARI BAHRI, DISTRICT SIDHI (MADHYA PRADESH)

.....APPLICANT (BY SHRI S. P. MISHRA - ADVOCATE )

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION HANUMANA DISTRICT REWA (MADHYA PRADESH)

.....RESPONDENT (BY SHRI NARENDRA CHOURASIYA - GOVERNMENT ADVOCATE)

This application coming on for admission this day, the court passed the following:

ORDER

The applicant has filed this SIXTH bail application under Section

439 of Cr.P.C. for grant of bail. Applicant has been arrested on 09.10.2021 in Crime No. 333/2021 b y Police Station - Hanumana, District Rewa for the offence punishable under Section 8, 21, 22 of the N.D.P.S. Act, 1985 and Section 5/13 of the M.P. Drug Control Act, 1949.

2. It is submitted by the learned counsel for the applicant that the applicant is suffering confinement since 09.10.2021 and some of the material prosecution witnesses including the seizure witnesses have been examined, therefore, chance Signature Not Verified of tampering with the evidence/ witnesses is remote. It is further submitted that the applicant is neither owner nor driver of the vehicle in question nor he was the person who funded the whole transaction. It is further submitted that the applicant does not bear any criminal record and at best, he was the pillion rider.

3. Learned counsel also raised the point that the drugs, which were seized are cough syrup bottles (Codine) and it does not fall within the ambit of Section 8, 21 and 22 of the N.D.P.S. Act because it is not a manufactured drug per se as per the provisions of N.D.P.S. Act. It was a bottled cough syrup and no ingredients of any narcotics drugs or psychotropic substances were added to it to make it a manufactured drug under the ambit of N.D.P.S. Act. He relied upon the judgment passed by the Apex Court in the case of Union of India Vs. Mohanlal and another reported in (2016) 3 SCC 379 and the order dated 31.07.2020 passed by the Delhi High Court in the case of Iqbal Singh Vs. State in Bail Application No. 645/2020 to bring home the fact that it was not a case of a manufactured drug. He further referred the discrepancies crept in the investigation wherein joint consent has been obtained in respect of Section 50 of the N.D.P.S. Act. He relied upon the case of State of Rajasthan Vs. Parmanand and another reported in (2014)5 SCC 345. He also referred the bail order of co-accused Sandeep Singh dated 5.4.2022 passed in M.Cr.C.No. 13558 of 2022 whereby he was granted the benefit of bail. Learned counsel also raised doubt over the exact quantity of cough syrup because at some places, I.O. has referred bottles as 450 whereas at some places, it is 550 bottles. The present applicant has suffered more than 16 months of incarceration as pre-trial detention. Looking to the status of trial and the period of custody, besides other points raised by the counsel for the applicant, it is submitted that the case of the applicant be considered for bail.

Signature Not Verified

4. Learned counsel for the State opposed the prayer and submitted that as per the allegations, the applicant was instrumental in transportation of 550 bottles of cough syrup. He prayed for dismissal of the bail application.

5. Heard the learned counsel for the parties at length and perused the case diary.

6. Considering the submissions, especially the status of trial and the period of custody, this Court intends to allow the application but with certain stringent conditions. Therefore, without commenting on the merits of the case, the application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) along with two solvent sureties in the like amount to the satisfaction of the tria