Gopal vs Union Of India Through Central Bureau Of Narcotics

Heard on the question of grant of bail.

This is an application filed by the applicant under Section 438 Cr.P.C.for grant of anticipatory bail.

Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced for perusal and it is accordingly perused.

The applicant is apprehending his arrest for an offence punishable under Section 8/15 of the N.D.P.S.Act, registered with Police Station C.B.N.Mandsaur in Crime No.02/2019.

The applicant has been implicated in the present case on the basis of the statement of co-accused Sher Mohammad recorded under Section 67 of the N.D.P.S.Act. From co-accused Sher Mohammad 10 Kg of Poppy Straw was seized.

Learned counsel appearing for the applicant submits that no seizure has been made from the present applicant and that the applicant is also not the owner of the vehicle which was used in the commission of the alleged offence. He further submits that the contraband item has been seized from the co-accused Sher Mohammad and the applicant has been implicated only on the basis of the memorandum of co-accused recorded under Section 67 of the NDPS Act wherein the allegation is that the applicant has supplied the contraband item to the co-accused persons. He further submits that the applicant has no criminal antecedents and placing reliance upon the judgment of the Supreme Court in the matter of Surinder Kumar Khanna Vs.Intelligence Officer, Directorate of Revenue Intelligence (2018) 8 SCC 271 and in the case of Mohammed Fasrin Vs. State (2019) 8 SCC 811 he has submitted that the applicant cannot be implicated in the matter merely on the basis of the statement recorded under Section 67 of the NDPS Act. He has also submitted that the Co-ordinate Bench in the matter of Kishan Vs. State of M.P. in M.Cr.C.No.448/2020 by order dated 27.01.2020, Narayan Singh Vs. State of M.P. in M.Cr.C.No.21767/2019 by order dated 27.05.2019, Gopal Vs. State of M.P. in M.Cr.C.No.9364/2019 by order dated 20.05.2019 and in the matter of Prabhulal Vs. State of M.P. in M.Cr.C.No.1797/2020 by order dated 27.01.2020 has granted anticipatory bail in the similar circumstances.

Learned counsel for the respondent has opposed the bail application and has submitted that the applicant can be implicated on the basis of the statement recorded under Section 67 of the NDPS Act and in this regard he has placed reliance upon the judgment of the Supreme Court in the matter of Ram Singh Vs. Central Bureau of Narcotics (2011) 11 SCC 347.

Having regard to the judgment relied upon by the learned counsel for the applicant and also considering the nature of allegation which is made against the applicant and judgments of the Supreme Court relied upon by him, I find it to be a fit case for grant of anticipatory bail to the applicant.

Accordingly, the bail application is allowed and it is directed that in the event of the applicant's arrest, in connection with Crime No.02/2019, the applicant be released on bail on furnishing a bail bond of Rs.1,00,000/-(Rupees One Lakh only) with one surety of the like amount to the satisfaction of Station House Officer of the Police Station concerned.

By way of abundant caution, it is further directed that the applicant will also mark his presence in the concerned police station on first Sunday of every month between 10 a.m. to 12 noon during the pendency of the trial. Any default in attendance in Court and marking his presence in the concerned police station would result in cancellation of bail granted by this Court thereby entitling the police to take the applicant in custody immediately.

The applicant is directed to appear before the Investigating Officer on 16.03.2020 at 11:30 A.M. He would abide by the conditions mentioned in Section 438(2) Cr.P.C.

Certified copy as per rules.