Madhya Pradesh High Court
Kashiram vs The State Of Madhya Pradesh on 15 May, 2024
Author: Anil Verma
Bench: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 15 th OF MAY, 2024
MISC. CRIMINAL CASE No. 57503 of 2023
BETWEEN:-
KASHIRAM S/O LAXMINARAYAN PATIDAR, AGED
ABOUT 38 YEARS, OCCUPATION: AGRICULTURIST
VILLAGE GURADIYA LALMUHA, BHAUGARH, DISTRICT
MANDSAUR (MADHYA PRADESH)
.....APPLICANT
( BY SHRI HARSH RANA - ADVOCATE )
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION BHAUGARH,
DISTRICT MANDSAUR (MADHYA PRADESH)
.....RESPONDENTS
( BY SHRI AMIT RAVAL GA )
This application coming on for admission this day, the court passed the
following:
ORDER
1. Heard on IA no. 7588/2024, which is an application for taking additional documents on record.
2. The alleged documents may be relevant for proper adjudication of the matter, therefore, the IA is allowed and the documents are taken on record.
3. This is the first application filed by the applicant for grant of regular bail under section 439 of the Code of Criminal Procedure, 1973 relating to FIR No 118/2021 registered at P.S-Bhaugarh, District- Mandsaur (M.P.) for the offence under sections 8/ 15, 25, 29 of NDPS Act.
Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 15-05-2024 18:06:54 24. As per prosecution story, on 25/05/2021, the police got secret information regarding illegal transportation of contraband. Acting upon the said information, the police party intercepted the Mahindra Tractor alongwith trolley bearing registration no. MP-14-AA-5991 and during search, 2.5 Quintal poppy straw was recovered from the possession of co-accused Ramkishan and Ramkaran. During investigation, it was gathered that present applicant is the registered owner of the said tractor and he had given the said contraband to the co-accused for the purpose of its selling.. Accordingly, the aforementioned offence was registered
5. Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. Applicant is in custody since 11/09/2023. No contraband has been seized from the possession of the applicant. He has been implicated in the instant case only on the basis of memo given by the co-accused under section 27 of the Evidence Act. He is not having any criminal past. Investigation is over and charge-sheet has been filed,. He is permanent resident of District- Mandsaur Final conclusion of trial shall take sufficient long time. Hence, he prays that the applicant be released on bail.
6. Per-contra, learned counsel for respondent - State opposes the bail application and prays for its rejection by stating that the seized quantity of the contraband is more than the commercial quantity, therefore, he does not deserve for bail.
7. Perused the impugned order of the trial Court as well as the case dairy.
8. Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature and gravity of allegation as also taking note Signature Not Verified of the fact that the contraband seized from the possession of the co-accused Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 15-05-2024 18:06:54 3 persons is more than the commercial quantity, therefore, there is specific bar under section 37 of the NDPS Act; in view of the evidence available on record against the applicant, this Court is not inclined to grant bail to the applicant.
9. Accordingly, present application filed under section 439 of Cr.P.C by the applicant has no merit and is hereby dismissed.
Certified copy, as per Rules.
(ANIL VERMA) JUDGE amol Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 15-05-2024 18:06:54