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Judgment
11 paragraphs · 395 wordsSatyendra Kumar Singh, J
Case diary is available.
This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 05.09.2023 in connection with Crime No.439/2023 registered at Police Station Sabalgarh, District Morena (M.P.) for commission of offence punishable under Section 8/20 of NDPS Act.
Prosecution story, in brief is that on 04.09.2023 at about 23:50 hours the applicant was found having 3 kg 102 grams of cannabis (ganja) on a motorcycle for the purposes of sell without having any license.
Learned counsel for the applicant submits that the applicant has falsely been implicated in the matter. Nothing has been seized from the possession of the applicant. He further submits that the applicant is mentally retarded person and therefore, he is unable to ride the motorcycle. The contraband said to be seized is a non-commercial quantity. The applicant has no criminal past. The applicant is in custody since 05.09.2023. Trial will take time to conclude. Under these circumstances, the applicant may be enlarged on bail.
Learned counsel for State has opposed the prayer and submitted that the applicant has not produced any documents with regard to his present health status. He was found having 3 kg 102 grams of cannabis which is more than small quantity, therefore, he be not released on bail.
Heard the learned counsel for the parties.
Having considered the rival submissions, material pointed out by the learned counsel for the applicant, quantity of the contraband said to be seized from the possession of applicant, which is non- commercial quantity and also considering the overall facts and circumstances of the case, without commenting anything on the merits of the case, the application is allowed.
7.1 It is directed that the applicant be released on bail, upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.
This application is allowed and stands disposed of.
Certified copy, as per rules.