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Madhya Pradesh High Court

T. Mani Kanta vs The State Of Madhya Pradesh on 19 July, 2018

Equivalent citations: AIRONLINE 2018 MP 494

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   M.Cr.C. No. 20299/2018
                                          (T. Mani Kanta and anr. Vs. State of M.P.)

                                JABALPUR; Dated: 19.07.2018

                                      Shri Mohammad Salim, Advocate for the petitioner no.1-T.
                                Mani Kanta.
                                      Shri Abhinav Dubey, counsel for the petitioner no.2-T. Bara
                                Prasad.
                                      Shri Ajay Tamrakar, Government Advocate for the
                                respondent/State.

Heard on this first application for bail under Section 439 of the Cr.P.C. filed on behalf of petitioners T. Mani Kanta and T. Bara Prasad in Crime No.647/2017 registered by P.S.-Kohefiza, District- Bhopal under Sections 8/20 of the NDPS Act, 1985.

As per the prosecution case, on 30.10.2017, on an information received from an informant, a Xylo car was intercepted by the police. Present petitioners and co-accused Manika Vara Laxmi were travelling in that car. There was a 5 years old child in the lap of co-accused Makina Vara Laxmi. When the car was searched, it was found that 16 packets of Ganja weighing 31 kgs. were concealed in the car.

Learned Advocates for the petitioners submits that similarly placed co-accused person Makina Vara Laxmi has been released on bail by order dated 08.05.2018 passed in M.Cr.C.No.15370/2018 by a co-ordinate Bench of this Court comprising Hon'ble Shri Justice Sheel Nagu.

Since His Lordship is no longer available to sit at Principal seat, Jabalpur, this application of the petitioners has been placed before this Bench.

IN THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 20299/2018 (T. Mani Kanta and anr. Vs. State of M.P.) Learned Government Advocate for the respondent/State on the other hand has opposed the application and has invited attention of the Court to the fact that the quantity of the Ganja (flowering and fruiting tops of the cannabis plant) was 31 kgs., which is 1 ½ times more than the prescribed commercial quantity; therefore, provision of Section 37 (1) of the NDPS Act, would be attracted to the case. Co-accused Makina Vara Laxmi was released on bail probably because she was a woman and had a 5 years old child. Thus, the case of co-accused Makina is distinguishable from that of the present petitioners; therefore, it has been prayed that the application be dismissed.

Keeping in view the facts and circumstances of the case in their entirety, particularly the facts as pointed out by the learned Government Advocate for the respondent State, in the opinion of this Court, petitioners do not deserve to be released on bail.

Consequently, this first application for bail under Section 439 of the Cr.P.C. filed on behalf of petitioners T. Mani Kanta and T. Bara Prasad is dismissed.

(C.V. Sirpurkar) Judge sh Digitally signed by S HUSHMAT HUSSAIN Date: 20/07/2018 18:09:04