The High Court Of Madhya Pradesh (MUKESH CHATURVEDI Vs THE STATE OF MADHYA PRADESH)

14-08-2019 Jabalpur, Dated :

Shri Shivam Hazari, counsel for the applicant.

Shri Rajesh Tiwari, Govt. Advocate for the respondent /State.

Heard with the aid of case diary.

This is Third application of the applicant Mukesh Chaturvedi filed under Section 439 Cr.P.C. for grant of bail. Applicant was arrested on 02.08.2018 in connection with Crime No.258/2018 registered at Police Station Raipur Karchuliyan, District Rewa for the offence punishable under Section

8/20 of NDPS Act and 120-B /34 of the IPC.

The first bail application of the applicant has been dismissed as withdrawn by the coordinate Bench vide order dated 20.11.2018 passed in M.Cr.C. 38766/2018 and second bail application has been dismissed on merits by this Court vide order dated 27.02.2019 in M.Cr.C.No.3098/2019.

As per the prosecution case, on 02/08/2018 on the information of the informant that ganja was illegal being transported in a truck bearing registration No.CG/04-JD/4888 from Raipur, D.P. Singh Chouhan, Station House Officer, Police Station Raipur Karchuliyan, District Rewa along with other members of police force went to village Bhati, where they saw that the truck bearing registration No.CG/04-JD/4888 and one Scorpio jeep bearing registration No.MP/17-CA/1453 were standing and some packets of ganja was being loaded by co-accused Yogendra Dwivedi and Rohit Carpenter (Vishwakarma) from the said truck to the Scorpio jeep. On that, he arrested the applicant Mukesh Kumar Chaturvedi driver of the said truck, co-accused Yogendra, Rohit Carpenter, Pramod Tiwari, who was sitting in the said Scorpio jeep and Jay Prakash Gond cleaner of the truck and also seized 26 Kg. Ganja from the Scorpio jeep bearing registration No. MP/17-CA/1453 and 24 Kg. ganja from the truck bearing registration No.CG/04-JD/4888. Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the matter. The applicant is in custody since 03/08/2018 and the trial is still pending, hence prayed for release of the applicant on bail.

Learned counsel for the State opposed the prayer stating that the Police seized 26 Kg. Ganja from the scorpio jeep bearing registration No.MP/17- CA/1453, in which co-accused Pramod Tiwari was sitting and at the time of incident that Ganja was being loaded from the truck bearing registration No.CG/04-JD/4888 to the said jeep and also seized 24 Kg Ganja from the said truck. The applicant was the driver of the truck, so he should not be released on bail.

Earlier one bail application of the applicant has been rejected on merit by this Court vide order dated 27.02.2019 passed in M.Cr.C.No.3098/2019, thereafter there is no change in circumstances except the period of detention. The Apex Court in the case of Rajesh Ranjan Yadav alias Pappu Yadav v. CBI Through its Director reported in (2007) 1 SCC 70 held that bail, cannot be granted solely on the ground of long incarnation in jail and inability of accused to conduct the defence. Apex court in the case of State of M.P. v. Kajad, (2001) 7 SCC 673 observed "It is true that successive bail applications are permissible under the changed circumstances. But without the change in the circumstances, the second application would be deemed to be seeking review of the earlier judgment which is not permissible under criminal law as has been held by this Court in Hari Singh Mann v. Harbhajan Singh Bajwa [(2001) 1 SCC 169 : 2001 SCC (Cri) 113] and various other judgments."

So, looking to the facts and circumstances of the case and the allegation that Police seized 26 Kg. Ganja from the scorpio jeep bearing registration No.MP/1-CA-1453 and 24 Kg Ganja from the truck bearing registration No. No.CG/04-JD/4888 and applicant was the driver of the said truck and also looking to the provision of Section 37 of the NDPS Act, this Court is not inclined to grant bail to the applicant.

Accordingly, M.Cr.C. is rejected.

But it also ap