In the High Court of Madhya Pradesh At Indore BEFORE HON’BLE SHRI JUSTICE SUBODH ABHYANKAR ON THE 15^TH OF NOVEMBER, 2022 Miscellaneous Criminal Case No.46276/2022 Between: -

Kishore Rajput S/o Ram Singh Rajput, Age- 45 years, Occupation- Transporter, R/o- House No.194, Anil Nagar, Police Station Vijay Nagar, Indore, District Indore (MP)

…..APPLICANT (By Shri Apoorv Joshi, Advocate)

AND Union of India, Through Narcotics Control Bureau, Zone Indore, Indore District Indore MP …..RESPONDENT (By Shri Manoj Soni, Advocate)

……………………………………………………………………………………………………………….

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

ORDER

They are heard. Perused the case diary / challan papers.

This is the applicant's First application under Section 439 of Criminal Procedure Code, 1973, as he / she is arrested in connection with Crime No.05/2019 registered at Police Station Narcotics Control Bureau, Indore District Indore (MP) for offence punishable under Section 8 read with Sections 20 (B) (II) (C), 25, Signature Not Verified Signed by: RAMESH

27-A and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein after referred to as the Act).

The applicant is in custody since 09.07.2021.

The allegation against the applicant is that he was also involved in the aforesaid offence wherein contraband 185.050 kilograms of cannabis (Ganja) has been seized from the possession of co-accused persons Pritpal Singh S/o Pritam Singh Gill and Manjinder Singh S/o Ravel Singh Sandhu and in their memos prepared under Section 67 of the Act, both these accused persons have stated that the contraband was procured by them from one Ravi Kumar @ Ravi Ojha S/o Late Baban Ojha and it was to be delivered to accused Shashi Ranjan S/o Gopal Singh, Baldev Singh S/o Jarnail Singh and the present applicant Kishore Rajput S/o Ram Singh Rajput.

Counsel for the applicant has submitted that the applicant has been falsely implicated in the case only on the basis of the aforesaid memos and there is no other evidence available on record to connect him with the offence.

In support of his contentions Shri Joshi has also relied upon a decision rendered by the Supreme Court in the case of Toofan Singh v. State of Tamil Nadu reported as (2021) 4 SCC 1 and it is submitted that the applicant be released on bail.

Shri Manoj Soni, learned counsel appearing for the respondent / Narcotics Control Bureau, on the other hand, has opposed the prayer and it is submitted that no case for grant of bail Signature Not Verified Signed by: RAMESH is made out. The bail application of other co-accused Shashi Ranjan in Miscellaneous Criminal Case No.42468/2021 has already been rejected by a coordinate bench of this Court on

18.02.2022 Additionally, Shri Soni has also relied upon a recent decision rendered by the Supreme Court, presided over by the Chief Justice of India in Criminal Appeal No(s).1841-1842/2022 in the case of Union of India (NCB) Etc. v. Khalil Uddin Etc., reported as 2022 LiveLaw (SC) 878, wherein even after taking note of the decision rendered in the case of Toofan Singh (supra) and another decision in the case of State by (NCB) Bengaluru v. Pallulabid Ahmad Arimutta & another reported in 2022 LiveLaw (SC) 69, the Court has held that reference of law laid down by this court in Toofan Singh (supra) was held to be applicable even at the stage of grant of bail, but under the circumstances and referring to the mandate of Section 37 of the Act, has dismissed the bail application, despite the fact that even in the statement of Mohammad Jakir Hussain recorded under Section 67 of the Act, he has mentioned the name of the accused as the person to whom the contraband was to be delivered. Thus, it is submitted hat no case for grant of bail is made out.

Having considered the rival submissions and on perusal of the record as also the fact that bail application of identically placed co-accused person has already been dismissed by the co-ordinate bench of this Court, as well as the recen