Amjad vs State Of M.P

Subodh Abhyankar, J

This is the first application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.371/2021 registered

at Police Station Mahakal, District Ujjain (MP) for offence punishable under Sections 8/20 of N.D.P.S. Act.

The applicant is in custody since 06.05.2021.

The allegation against the applicant is that from his possession 2 kg cannabis (Ganja) has been seized, which is far less-than the commercial quantity,

which is 20 kg and the minimum quantity is 1kg.

Counsel for the applicant submits that the applicant is in custody since 6.5.2021 and there are no criminal antecedents against him. Final conclusion of

trial is likely to take sufficient long time. Therefore, he be granted bail.

Counsel for the respondent/State, on the other hand, has opposed the prayer.

Having considered rival submissions and considering the fact that the quantity is far less than the commercial quantity and the Courts are not

functioning now a days on account of Covid-19 and the applicant is in custody since 06.05.2021, this Court finds it expedient to allow the present bail

application.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on

bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with one solvent surety of 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 court concerned

during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

However, the Trial Court is directed to verify the criminal antecedents of the applicant at the time of furnishing the bail before allowing him bail and if

it is found that other cases under the NDPS Act are also registered against him, then this order shall be deemed cancelled without further reference to

this Court.

It is also observed that if the applicant is found to be involved in any criminal activities, after his release on bail, then the present bail order shall stand

cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.