Madhya Pradesh High Court
Shahrukh vs The State Of Madhya Pradesh on 26 March, 2018
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE M.Cr.C. No.8323/2018 (Shahrukh Vs. The State of Madhya Pradesh ) (-1-) M.Cr.C. No.8323/2018 (Shahrukh Vs. The State of Madhya Pradesh ) Indore, dated: 26.03.2018 Parties through their counsel.
Present bail petition has been filed under Section 439 of Cr.P.C.. The applicant has been arrested in Crime No.43/2017 registered at Police Station-Barkheda, Distt.- Ratlam for the offence punishable under Sections 8/22 and 29 of N.D.P.S. Act. He is in custody since 28.04.2017.
As per prosecution case, on 28.04.2017, about 885 kgm. Alprazolam was recovered from the possession of the applicant and in those circumstances, a criminal case has been registered against the present applicant.
During the pendency of the proceedings, the drug was sent to Central Forensic Science Laboratory, Hyderabad and the report is available with the case-diary dated 12.03.2018. In the report, it has been categorically stated that Alprazolam, Phenolphthalein and Chloroquine have not been detected in the sample. Kaifeen and Paracetamol have been detected in the sample.
Learned counsel has argued before this Court that on account of presence of Kaifeen and Paracetamol, no case is made out under Section 8/22 and 29 of N.D.P.S. Act.
Learned government advocate has fairly stated before this Court that only Kaifeen and Paracetamol have been detected in the sample.
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE M.Cr.C. No.8323/2018 (Shahrukh Vs. The State of Madhya Pradesh ) (-2-) This Court after hearing the learned counsel for the parties and after going through the record, is of the opinion that the application deserves to be allowed and is, accordingly, allowed.
It is directed that the applicant shall be released on bail subject to his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one local surety in the like amount to the satisfaction of the concerned trial court for his appearance before the trial Court on all the dates of hearing as may be fixed in this behalf by the concerned trial court.
C.C. as per rules.
(S.C. Sharma)
N.R. Judge
Digitally signed by
NARENDRA KUMAR RAIPURIA
Date: 2018.03.26 15:49:28
+05'30'