Kadir Khan vs State Of Madhya Pradesh

Satyendra 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 3.6.2023 in connection with Crime No.298/2023 registered at Police Station Basoda City District Vidisha for commission of offence punishable under Section 8/21 of NDPS Act.

Prosecution case, in brief, is that on 3.6.2023 at about 10:40 hours the applicant was found having 10.22 gms of smack without having any valid license for the purposes of sale.

Learned counsel for the applicant submits that nothing has been seized from his possession. The contraband said to be seized from the possession of the applicant is not commercial quantity. He has no criminal past record with regard to NDPS Act. He is in custody since 3.6.2023. The Trial will take time to conclude, therefore, the applicant may be enlarged on bail.

Learned counsel for the respondent/State has vehemently opposed the application and submits that the applicant is a habitual criminal and about five other criminal cases are registered against him but he fairly conceded that no case under NDPS Act has been registered.

In response to the above submissions learned counsel for the applicant submits that all the above five cases registered against him have been disposed of. Out of which in four cases the applicant has been acquitted and in one case he has been convicted.

Heard the learned counsel for both the parties.

Having considered the rival submissions, material pointed out by learned counsel for the applicant, place of incident, quantity of contraband said to be seized from the possession of the applicant, so also the facts and circumstances of the case, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant be released on bail upon furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac 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.