Madhya Pradesh High Court
Iqbalkhan vs The State Of Madhya Pradesh on 17 January, 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 17 th OF JANUARY, 2024
MISC. CRIMINAL CASE No. 53231 of 2023
BETWEEN:-
IQBALKHAN S/O DILAWAR KHAN, AGED ABOUT 50
YEAR S , OCCUPATION: LABOUR, R/O: 18 STATION
ROAD, JAORA (MADHYA PRADESH)
.....APPLICANT
(SHRI SACHIN PARMAR - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH P.S. BERCHHA, DIST. SHAJAPUR
(MADHYA PRADESH)
.....RESPONDENT
(SHRI SHALABH SHARMA - GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
Applicant has filed this fifth bail application under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail relating to Crime No.21/2021 registered at P.S. Berchha, District Shajapur (M.P.) for commission of offence punishable under Sections 8/18 and 29 of NDPS Act. He is in jail since 07.02.2021.
2. Applicant's earlier temporary bail application was allowed by this Court.
3. As per the prosecution story, on 07.02.2021, police received a discrete Signature Not Verified information from the informant regarding the illegal transportation of the Signed by: ANUSHREE PANDEY Signing time: 18-01-2024 17:12:59 2 contraband. Acting upon said information, police party reached on the spot and intercepted the Verna Car bearing registration No.MP-09-CX-6925. On search by the police, 7 kg of opium has been recovered from the possession of co- accused. On the basis of statement under Section 27 of Evidence Act given by co-accused, present applicant has been implicated in this offence.
4. Learned counsel for the applicant submits that applicant is innocent person and he has been falsely implicated in this matter. Applicant is in jail since 07.02.2021, meaning thereby, he is suffering jail incarceration for last more than two years. His none of the application has been dismissed on merit. Statements of only seven witnesses out of 24 witnesses have been recorded and seizure witnesses have been turned hostile. FSL report is not corroborating the case of prosecution. Nothing has been recovered from the possession of the applicant. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.
5. In support of his contention, learned counsel for the applicant placed reliance upon the judgment delivered by Hon'ble the Apex Court in the case of State of Himachal Pradesh Vs. Nirmal Kaur alias Nimmo and Others, reported in 2022 SCC Online SC 1462, Amarsingh Ramjibhai Barot Vs. State of Gujarat 2005 Cri. L.J. 4521 and The State of Himachal Pradesh Vs. Angrejo Devi and Ors. in CRA No.959/2012.
6. Per-contra, learned counsel for respondent / State opposes the bail application and prays for its rejection.
7. Perused the case diary as well as the impugned order of the court below.
8. Considering all the facts and circumstances of the case, nature and Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 18-01-2024 17:12:59 3 gravity of allegation as also taking note of the fact that FSL report has been received in the instant case and as per the report, 2.91 morphine (Anhydrous) has been found in the sample, which is also an opium derivative; seized quantity of contraband is more than the commercial quantity; if on the basis of FSL report, seized quantity is considered as a manufactured drug, then offence under Section 8/21 of NDPS Act in which maximum punishment provided is 20 years R.I. and 10 years minimum punishment jail. Looking to the quantity of morphine in FSL report and commercial quantity of the contraband aforesaid offence registered against the present applicant is very serious in nature, therefore, this court is not inclined to grant bail to the present applicant.
9. Accordingly, the present application filed under Section 439 of Cr.P.C. is rejected.
Certified copy as per rules.
(ANIL VERMA) JUDGE Anushree Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 18-01-2024 17:12:59