Ashish Gupta vs State of M.P.

D.K. Paliwal, J.—Heard on the bail application. Perused the case diary.

This is first application u/s 439 of Cr.P.C. The applicant has been arrested in Crime No. 180/2013 registered at Police Station, Inderganj, District Gwalior, under Sections 8/21 of NDPS Act.

As per the prosecution case 250 gms. of Brown Sugar alleged to have been seized from the possession of the applicant.

It is submitted by learned counsel for the applicant that applicant has been falsely implicated. The alleged seizure of Brown Sugar does not fall within the purview of commercial quantity as prescribed under the NDPS Act because as per the chemical report only 24.65% diacetyle morphine has been found, therefore, at the most the quantity as alleged by the prosecution comes to about 60 gms., which is below commercial quantity. He is in custody since 14.5.2013. Trial will take some time. Therefore, the applicant be released on bail.

The application is opposed by learned Panel Lawyer submitting that the quantity of Brown Sugar falls under the category of commercial quantity, hence prayed for rejection of the application.

Taking into consideration the fact that out of 250 gms. of Brown Sugar alleged to have been seized from the applicant on chemical analysis the same has been found containing diacetyle morphine of 24.65%. In view of the matter the quantity comes to about 60 gms., which is below the prescribed commercial quantity. Consequently, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 1,00,000/- (Rupees One lac Only) with one solvent surety in the like amount to the satisfaction of Trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance. C.c. as per rules.