Madhya Pradesh High Court
Adnan Khan vs The State Of Madhya Pradesh on 27 October, 2021
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1 M.Cr.C. No.49710 and 44583 of 2021
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.49710/2021
(Adnan Khan Vs. State of M.P.)
M.Cr.C. No.44583/2021
(Abdul Hannan Khan Vs. State of M.P.)
Indore, Dated:27/10/2021
Shri Vikas Yadav, learned counsel for the applicant in MCRC
No.49710/2021.
Shri Sanjay Sharma, learned counsel for the applicant in MCRC
No.44583/2021.
Shri Aditya Garg, learned Govt. Advocate for the respondent/State.
They are heard. Perused the case diary / challan papers. This order shall also govern the disposal of Miscellaneous Criminal Case No. No.44583/2021, as all these two applications have arisen out of Crime No.1008/2020.
These are the applicants' first application under Section 482 Cr.P.C. r/w Section 439 of Criminal Procedure Code, 1973 with the prayer that the order dated 30.04.2021, passed in MCRC No.1339/2021 and other connected bail application whereby the applicants have been granted temporary bail for the period of six months be made absolute.
The application has been filed on the ground that the applicants are involved in the case which relates to 20 grams of MDMA which is more than commercial quantity as per entry no.134, but now, after chemical analysis of the sample of the drug, it is found that the contraband is 2 M.Cr.C. No.49710 and 44583 of 2021 Mephedrone falling under Entry no.238-F of the Schedule to the NDPS Act and not the MDMS under Entry No.134. And of Mephedrone, the minimum quantity is 2 grams and commercial quantity is more than 50 grams and thus the case involves 20 gm. mephedrone which is less than the commercial quantity.
Learned counsel for the applicant submits that the he is not involved in the case of commercial quantity as the quantity seized was below the commercial quantity. The applicant has already been enlarged on temporary bail for the period of six months by this Court and he has not misused the liberty granted by this Court.
Learned Panel Lawyer for the respondent/State alongwith I/O Mr. Babulal Kumrawa, SI opposes the application with the submission that looking to the involvement of the applicants, it appears that it is a case of larger conspiracy involving huge quantity of contraband. Therefore, no case is made out for grant of bail.
In rebuttal, counsel for the applicant submits that the in the charge sheet filed by the respondent, the only reference made is of 20 gm of MDMA which is actually Mephedrone and so far as the amount reflected in the bank account of Applicant Abdul Hannan Khan is concerned, on which heavy reliance is placed by the respondent, it comes to Rs.31,380/- only which have been transferred in the Account of Adnan and who has also paid some amount i.e. Rs.2000-3000/- to Abdul Hannan. Thus, it is submitted that there is no transaction related to the contraband between the applicants 3 M.Cr.C. No.49710 and 44583 of 2021 namely; Abdul and Adnan.
On due consideration of rival submissions and perusal of the case diary, as also Chemical Examination report dated 09.03.2021 which has been filed subsequently in the trial Court on 29.07.2021, it is found that the drug involved is not MDMA but Mephedrone and the quantity is 20 grams only which is less then commercial quantity, which is more than 50 grams, this Court finds is of the considered opinion that as no minimums sentence is provided for the contraband involved, it would be expedient to allow this application.
In view of the same, the temporary bail granted by this Court on 30.04.2021 in MCRC No.13839/2021 and 11626/2021 is hereby made absolute in respect of the applicants Adnan Khan and Abdul Hannan Khan only, meaning thereby, the applicants who have already been granted temporary bail shall continue to enjoy the same till the final disposal of the trial; and in terms of the aforesaid order, Miscellaneous Criminal Case No.49710/2021 and 44583/2021 stand allowed and disposed of. The bail bonds already furnished by the applicants shall stand good for the purpose of this order as well.
Original copy of this order be place in M.Cr.C. No.49710/2021 and copy whereof be kept in connected matter.
Certified copy as per rules.
(Subodh Abhyankar) Judge Vibha VIBHA PACHORI 2021.10.28 13:14:42 +05'30'