High CourtsSingle Bench

Ayodhya vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 18 November 2022 · Citation: (2022) 11 MP CK 0064

HON’BLE JUDGES
Gurpal Singh Ahluwalia, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 21
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case No. 54711 Of 2022
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Judgment

6 paragraphs · 210 words

Gurpal Singh Ahluwalia, J

This fourth application under Section 439 of Cr.P.C. has been filed for grant of bail. The third application was dismissed by order dated 12.05.2022 passed in M.Cr.C. No.22767/2022.

The applicant has been arrested on 14/09/2021 in connection with Crime No.525/2021 registered at Police Station Karera, District Shivpuri for offence under Section 8/21 of NDPS Act.

It is fairly conceded by counsel for applicant that SLP (Crl.) No.5894/2022 filed by the applicant has already been dismissed as withdrawn by order dated 14.07.2022. According to the prosecution case, 6 grams of smack was seized from the possession of applicant. After the rejection of the SLP filed by the applicant, three more witnesses have been examined and in all five witnesses have been examined so far.

Since the trial is progressing and there is no undue delay and considering the quantity of the smack as well as the price of the same coupled with the fact that the SLP filed by the applicant has been dismissed as withdrawn with liberty to approach the High Court, if there are changes in circumstances, this Court is of the considered opinion that no change in circumstance could be pointed out by counsel for applicant.

Accordingly, the application fails and is hereby dismissed.