Madhya Pradesh High Court
Gunwant vs The State Of Madhya Pradesh on 14 December, 2022
Author: Satyendra Kumar Singh
Bench: Satyendra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
ON THE 14 th OF DECEMBER, 2022
MISC. CRIMINAL CASE No. 59003 of 2022
BETWEEN:-
GUNWANT S/O GHANSHYAM PATIDAR, AGED ABOUT 35
YEARS, OCCUPATION: BUSINESS R/O VILLAGE BUDHA,
TEHSIL MALHARGARH, DISTRICT MANDSAUR
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI ABHAY SARASWAT, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION NARAYANGARH, DISTRICT MANDSAUR
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI RAJESH JOSHI, GOVT. ADVOCATE )
This application coming on for admission this day, the court passed the
following:
ORDER
Heard with the aid of case diary.
This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he been arrested on 03.12.2022 in connection with Crime No.313/2021 registered at Police Station Narayangarh, District Mandsaur (M.P.) for commission of offence punishable under Sections 8/15,25 and 29 of NDPS Act.
Prosecution story, in brief is that on 23.09.2021, SHO Police Station Narayangarh Gaurav Laad received a secret information about transportation of Signature Not Verified Signed by: SEHAR HASEEN Signing time: 12/15/2022 10:26:34 AM 2 huge quantity of Poppy Straw by the applicant alongwith other co-accused Govind in a car bearing registration No.MP14CB3845. He after complying with the mandatory provisions of the NDPS Act, made search and seized about 56 kgs. of Poppy Straw kept in three plastic sacks, wherein two sacks were in the capacity of 2 0 kgs. each and one sack in the capacity of 15 kgs. However, applicant managed to escape from the spot and was arrested later on.
Learned counsel for the applicant submits that as per prosecution case itself, applicant was not found on the spot. It is also apparent that the vehicle in which the contraband was said to be seized was owned by the co-accused Kamal Kishore and the samples of the contraband said to be seized were not seized in accordance with law, as the entire contraband which was kept in three plastic sacks were mixed together and thereafter, two samples of 500 gms. each were taken and seized. As per prosecution case itself contraband said to be seized was stored in 03 plastic sacks. Thus, it cannot be ascertained if Poppy Straw was kept in one or two or more bags and even assuming that Poppy Straw was kept in one bag together would also lead to the positive report of the narcotic drug. In view of the aforesaid, it cannot be said that the contraband said to be seized was of commercial quantity. Applicant is in custody since 03.12.2022. Conclusion of trial will take considerable long time. Co-accused Govind from whose possession contraband was seized has been enlarged on bail vide order dated 18.11.2022 passed in M.Cr.C. No. 27208/2022 while owner of the offending vehicle Kamal Kishore has also been enlarged on bail by this Court vide order dated 08.12.2022 passed in M.Cr.C. No. 56602/2022. Applicant's case is on better footing than that of co-accused persons. Therefore, applicant is entitled for grant of bail.
Learned counsel for the applicant has placed reliance upon the order Signature Not Verified Signed by: SEHAR HASEEN Signing time: 12/15/2022 10:26:34 AM 3 dated 02.08.2022 passed by the Co-ordinate Bench of this Court in the case of Jaivardhan Vs. State of M.P. in M.Cr.C. No.30722/2022.
Learned Public Prosecutor for the non-applicant/State has opposed the application and submits that looking to the quantity of seized contraband from the applicant, no case for grant of bail is made out.
Having considered the rival submissions, considering the fact that applicant was not found on the spot and on perusal of the case diary so also the order passed by the Co-ordinate Bench of this Court in the case of Jaivardhan (supra), this Court finds force in the contention raised by learned counsel for the applicant with regard to sampling of the seized contraband and the final conclusion of trial will take considerable time, this Court is of the opinion that t h e application deserves to be allowed. Accordingly, without commenting anything on the merits of the case, the application is allowed.
It is directed that applicant be released on bail on his furnishing personal bond in the sum of Rs.5,00,000/- (Rupees Five lacs only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C. It is also observed that after his release on bail, if the applicant is found in any criminal activities, learned Judge of the Trial Court shall, after giving an opportunity of hearing to the applicant, be at liberty to cancel this bail order without further reference to this Court.
This application is allowed and stands disposed of.
Certified copy, as per Rules.
Signature Not Verified Signed by: SEHAR HASEEN Signing time: 12/15/2022 10:26:34 AM 4(SATYENDRA KUMAR SINGH) JUDGE sh Signature Not Verified Signed by: SEHAR HASEEN Signing time: 12/15/2022 10:26:34 AM