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Judgment
6 paragraphs · 251 wordsAtul Sreedharan, J
This is first application moved under Section 439 of the Cr.P.C. for grant of bail by the applicant - Akash Singh Parmar in connection with Crime No. 29/2023 dated 19/2/2023 registered at Police Station - Mohna, District- Gwalior for the offence punishable under Section 8/20 of NDPS Act.
The applicant is in judicial custody since 19/2/2023 in the aforementioned case. He was arrested and from his possession three kilograms of Ganja was seized, which is slight above the small quantity but much below the commercial quantity.
Learned counsel for the State while opposing the application for grant of bail submitted that investigation is still going on and besides the present case, there is one other case registered against the applicant under the provisions of Excise Act and the Indian Trademark Act. He stated that there is no other case registered against the applicant under the provisions of NDPS Act but for the present case.
In this case the bar under Section 37 would not apply and the fact that there are no criminal antecedents against the applicant herein and the fact that contraband seized is of low intermediate quantity, without commenting on the merits of the case, the application is allowed and it is directed that the applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of the learned trial Court.
C.C. as per rules.