A person cannot be convicted of possession of a controlled substance if they are not in conscious possession of the substance.

ORDER

This is the first bail application filed by applicant under Section 439 of Cr.P.C. for grant of regular bail relating to FIR No.742/2022, registered at Police Station-Barela, District Jabalpur (M.P.) for the offence punishable under Section 8 and 20 of N.D.P.S. Act.

2. Learned counsel appearing for the applicant submitted that applicant was not in conscious possession of the contraband substance. He was standing outside the house. House does not belong to him. There is no evidence on record to show that house belongs to applicant namely Jwala @ Mohit Rajput.

In these circumstances, applicant may be enlarged on bail.

3. Learned Govt. Advocate appearing for the respondent/State opposed the bail application and submitted that applicant and co-accused were found outside the house. Ganja belong to applicant and joint seizure has been made. In these circumstances, application be dismissed.

4. Heard learned counsel for the parties.

5. Applicant was not found in conscious possession of contraband substance.

6. Considering aforesaid facts and circumstances of the case, bail application filed by the applicant is allowed.

7. It is directed that the applicant shall be released on bail on his furnishing 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 for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

8. The applicant shall also abide by the following conditions of Section 437 (3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

9. C.C. as per rules. (VISHAL DHAGAT) JUDGE sp/- Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 20-03-2024 18:08:01