Madhya Pradesh High Court
Sandeep Soni vs The State Of Madhya Pradesh on 30 December, 2024
Author: Achal Kumar Paliwal
Bench: Achal Kumar Paliwal
1 MCRC-55385-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
ON THE 30th OF DECEMBER, 2024
MISC. CRIMINAL CASE No. 55385 of 2024
SANDEEP SONI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Brijesh Kumar Mishra - Advocate for the applicant.
Shri K.S.Patel- Panel Lawyer for the respondent/State.
ORDER
This is first bail application filed on behalf of the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 439 of Cr.P.C.).
2. The applicant is in custody since 13.06.2024 in connection with Crime No.356/2024 registered at P.S.- Kotwali Shahdol, District Shahdol (M.P.) for the offence punishable under Sections 8, 21, 29 of NDPS Act and Section 5/13 of MP Drugs Control Act.
3. Prosecution story, in brief, is that the applicant was found in possession of (i) NRX Buprenorphine Injection LP. 0.3 MG/ML|BI Norphine 5 x 5 x 2ML Ampoules (80 Units), (ii) Abbot Rx Promethazine Hydrochloride Injection I.P. Phenegran 25 MG/ML 2ML Ampoules (45 Units), (iii) Abbot Rx Promethazine Hydrochloride Injection IP Phenergran 25 MG/ML 2ML Ampoules (40 units) and (iv) Pheniramine Maleate 2 MCRC-55385-2024 Injection IP Avil 2ML Ampoules (90 units).
4. Learned counsel for the applicant at the outset submits that Abbot Rx Promethazine Hydrochloride Injection I.P. Phenegran 25 MG/ML 2ML Ampoules (45 Units) and Abbot Rx Promethazine Hydrochloride Injection IP Phenergran 25 MG/ML 2ML Ampoules (40 units) do not come within the purview of narcotic drugs as defined under the NDPS Act. It is also urged that if above injections are excluded, and quantity of 80 injections i.e. 161 ml is converted into gram, then it comes to merely 0.05 gram, which is below the small quantity as defined under the NDPS Act. The applicant is in jail since 13.06.2024 and after investigation, the charge sheet has been filed. It is also urged that co-accused has been released on bail by order dated 13th December, 2024 passed in M.Cr.C. No.53700/2024. Therefore, it has been prayed that the applicant be released on bail on the ground of parity.
5. On the other hand, learned counsel for the State has opposed grant of bail.
6. Having taken into consideration all the facts and circumstances of the case, I am inclined to release the applicant on bail. Consequently, first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail filed on behalf of applicant, stands allowed.
7 . It is directed that present applicant be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on 3 MCRC-55385-2024 all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 480(3) of Bharatiya Nagarik Suraksha Sanhita, 2023.
8. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
9. Certified copy as per rules.
(ACHAL KUMAR PALIWAL) V. JUDGE Shanu Digitally signed by SHANU RAIKWAR Date: 2025.01.01 13:12:21 +05'30'