IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT nd ON THE 2 OF MAY, 2023 MISC. CRIMINAL CASE No. 18602 of 2023 BETWEEN:-

RAJENDRA YADAV S/O RAMSEV YADAV, AGED ABOUT

32 YEARS, OCCUPATION: DRIVER R/O GRAM SAKWA THANA LAMUA DISTRICT DAMOH (MADHYA PRADESH)

.....APPLICANT (BY SHRI RAJESH KUMAR YADAV - ADVOCATE )

AND STATE OF M.P. THROUGH THANA BARGI DISTRICT JABALPUR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI A. S. PATHAK - GOVT. ADVOCATE )

MISC. CRIMINAL CASE No. 18309 of 2023 BETWEEN:-

RAGHVENDRA PANDEY S/O RAMSAKHA, AGED ABOUT 45 YEARS, OCCUPATION: LABOUR R/O WARDNO.4 PIPARIYA TOLA VILLAGE POST PALHAN SIRMAUR DISTRICT REWA (M.P.) (MADHYA PRADESH)

.....APPLICANT (BY SHRI DHARMENDRA KUMAR PANDEY - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION BARGI DISTRICT DISTRICT JABALPUR (M.P.)

(MADHYA PRADESH)

.....RESPONDENT (BY SHRI A. S. PATHAK - GOVT. ADVOCATE )

Signature Not Verified Signed by: ARVIND KUMAR These applications coming on for admission this day, the court passed the following:

ORDER

1. These are repeat bail application filed under Section 439 of Cr.P.C. on behalf of applicants, who are in jail since 16.1.2022 in connection with Crime No.19/2022, registered at Police Station Bargi District Jabalpur for the offence punishable under Section 8/20, 25 of the NDPS Act.

2. Counsel for the applicant Rajendra Yadav submitted that he is innocent and falsely being implicated in the case. He is driver of the truck and has taken the truck from Badori to Mumbai where he delivered the carpets. On the said place, owner of truck met him and told him to take the truck to Hyderabad. Applicant went to Hyderabad where truck was again loaded and Ganja was also loaded in it and applicant was unaware of it. He is only poor driver and acting at his instance of owner. Applicant is innocent and he may be enlarged on bail.

3. Counsel for the applicant Raghvendra Pandey submitted that he has filed application for grant of temporary bail. Brother of applicant is being married on 5.5.2023, therefore, he may be enlarged on bail.

4. Govt. Advocate for the State has opposed the prayer and it is submitted by him that both the applicants namely Rajednra Yadav and Raghvendra Pandey were in the truck. When truck was stopped, Ganja was seized. Quantity of Ganja which has been recovered is huge quantity of about 615 kgs. Considering the aforesaid circumstances, application may be dismissed.

5. Heard learned counsel for the parties.

6. 27 sacks of Ganja have been found inside the truck. It is Signature Not Verified Signed by: ARVIND KUMAR loaded in the truck. Ganja which has been seized is not 10 or 12 kgs, but 615 have been loaded on the truck.

7. Considering the same, both the applications are dismissed.

8. Counsel for the applicants submitted that applicants are in jail since last one year. In view of same, as there is delay on part of prosecution, applicants may be enlarged on bail.

9. Considering the period of custody of applicants, trial Court is directed the expedite the trial preferably within a period of six months.

(VISHAL DHAGAT)

JUDGE DUBEY/-

Signature Not Verified Signed by: ARVIND KUMAR