IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA

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ON THE 12 OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 51474 of 2025 DEVENDRA PAL SINGH JADON Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Atul Gupta - Advocate for the applicant.

Shri Rohit Mishra - AAG for the State.

ORDER The applicant has filed this second application under Section 483 of the BNSS for grant of bail. Applicant has been arrested on 20.01.2025 by Police Station Kolaras, District Shivpuri (M.P.) in connection with Crime No.26/2025 registered for offence under Sections 8/20 of the Narcotics Drugs and Psychotropic Substances Act. His earlier three bail applications were already dismissed as withdrawn by this Court vide order dated

01.09.2025 passed in M.Cr.C. No.14458/2025.

2. Allegation against the present applicant is that from his possession, 40 KG Ganja has been seized, on the basis of which, offence has been registered.

3. Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case and he is in custody since 20.01.2025. It is further submitted that independent witnesses have already been examined before the trial Court and they have not supported the prosecution case. Investigation is over and charge-sheet has been filed. Since, the alleged contraband has already been seized, therefore, the custodial interrogation is no required. It is further argued that this Court in the case M.Cr.C. No.53764/2025 has passed order dated 26.09.2025 and has enlarged on bail to the accuse who was found in possession of 84 KGs of Ganza and herein the case of the present applicant is better than that of the accused in the aforesaid case. Therefore, applicant also deserves bail. The applicant is ready to abide by the conditions as imposed by this Court.

Therefore, counsel for the applicant prays for grant of bail.

4. On the other hand, counsel for the State submits that the matter pertains to recovery of 40 of Ganja which falls under the commercial quantity. It is further submitted that punishment for contravention in relation to manufactured drugs and preparations has been defined in Section 22 of the NDPS Act is that "where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakhs.

Thus, he prays for dismissal of the bail application.

5. Heard the learned counsel for the parties and perused the case diary. 6. It is a case where applicant was transporting contraband article (Ganja) of 40 KG which falls under the commercial quantity, has been seized his direct possession.

7. Learned counsel for the applicant argued that the independent witnesses have turned hostile, but from perusal of the case diary, this Court finds that PW-3/Guneswar Painkara (ASI) has been examined and he has supported the prosecution case before the Trial Court by submitting that said contraband article was seized from the possession of applicant.

8. Learned counsel for applicant further argued that this court in the case M.Cr.C. No.53764/2025 vide order dated 26.09.2025 has granted benefit of bail to the accused who was found in possession of 84 KG Ganza. But, in that case, there were total five accused persons, from joint possession of whom the aforesaid 84 KG contraband was seized and here in this case from the direct and single possession of the applicant, 40 KG of the contraband has been seized. In the aforesaid case M.Cr.C. No.53764/2025, this fact was also considered that other four co-accused persons had already been enlarged on bail by the co-ordinate Bench of this Court, therefore, this Court while maintaining parity also, had considered the case of the accuse of the said case. In the present case, contraband far exceeded commercial quantity. Hence, parity cannot be claimed of the present case with