Madhya Pradesh High Court
Ankur Chaudhry vs The State Of Madhya Pradesh on 9 November, 2022
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 9th OF NOVEMBER, 2022
MISC. CRIMINAL CASE No. 52233 of 2022
BETWEEN:-
ANKUR CHAUDHRY S/O DEVENDRA
SINGH CHAUDHRY, AGED ABOUT 46
YEARS, OCCUPATION: BUSINESS, R/O
147/2, D, ASHOK VATIKA PRABHAT
NAGAR, MEERUT CANTT, DISTRICT
MEERUT (UTTAR PRADESH)
.....APPLICANT
(SHRI MANU MAHESHWARI, LEARNED COUNSEL FOR THE
APPLICANT)
AND
THE STATE OF MADHYA PRADESH
STATION HOUSE OFFICER THROUGH
POLICE STATION CHANDAN NAGAR,
INDORE (MADHYA PRADESH)
.....RESPONDENT
(SHRI VISHAL SANOTHIYA, LEANRED PL APPEARING ON BEHALF
OF ADVOCATE GENERAL)
This application coming on for hearing this day, the court
passed the following:
O R D E R
This is the first bail application under Section 439 of the Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 11/9/2022 5:26:51 PM 2 Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is in custody since 30/04/2022 in connection with Crime No.305/2022 registered at Police Station - Chandan Nagar, District Indore (M.P.) for commission of offence punishable under Section 8 r/w 88 and 29 of Narcotics Drugs and Psychotropic Substances Act, 1985.
As per prosecution story, on 02/04/2022 the respondent acting on the basis of the information received, allegedly checked and seized 15 grams of Alprazolam Powder from illegal possession one Kartik and 1 Kg of the same from Mohammad Arif, nearby Dhar Road Dargah, near Sirpurkar Talab at around 2 pm. In their memorandum taken under section 27 of the Indian Evidence Act, 1972 allegedly the aforementioned accused persons told that they bought the substance from Ajay, Komal and Dinesh and allegedly 50 Kg each of the Alprazolam. Powder were seized from Ajay and Dinesh and 50.8 kg from the possession of Komal and along with the contraband preparatory utilities were seized from their possession amounting to a total of 151.8 Kg of Alprazolam powder. During the investigation it is gathered that the seized contraband was manufactured in the factory owned by the present applicant and he has destroyed the evidence. Accordingly, offence has been registered against the applicant.
Learned counsel for the applicant submits that the applicant Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 11/9/2022 5:26:51 PM 3 is an innocent person and he has been falsely implicated in this offence. He is in custody since 30/04/2022. He has no role whatsoever in the alleged offence. He is not named in the FIR and his accusation has only been brought by way of a far fetched link. He has been implicated as an accused only on the basis of memorandum given by the co-accused person but nothing incriminating article has been recovered from his possession. Investigation is over and charge sheet has been filed. Applicant is a 46 old business man and is the sole bread earner of his family. He is the permanent resident of District Meerut (U.P.) and final conclusion of the trial is likely to take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.
Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection by submitting that seized quantity of the contraband in the instant case is more than the commercial quantity, therefore, there is a bar under Section 37 of the NDPS Act. Applicant has also destroyed the material evidence regarding manufacturing of the said contraband. Hence, applicant is not entitled to be enlarged on bail.
Perused the impugned order of the trial Court as well as the case diary.
After considering all the facts and circumstances of the case, Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 11/9/2022 5:26:51 PM 4 nature and gravity of offence, arguments advanced by the learned counsel for the applicant and also taking note of the fact that in the instant case total 151.8 Kg contraband Alprazolam powder has been recovered from the possession of the co-accused Ajay, Komal and Dinesh. Admittedly, present applicant has taken the aforesaid factory on rent by executing the rent agreement. Electricity connection has also been found in his name. As per the case diary, 15 Kg Hexamine and 8 Kg Ammonium Carbonate have been recovered from the factory possessed by the present applicant.
In view of the prima facie evidence available against the applicant, without commenting upon the merits of the case, at this stage, this Court is not inclined to grant bail to the present applicant. Accordingly, the first bail application preferred under Section 439 of Cr.P.C. is hereby rejected.
Certified copy as per rules.
(ANIL VERMA) J U D G E Tej Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 11/9/2022 5:26:51 PM