Krishnakant Bhambharkar vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is first application filed by the applicant under Section 439 of Cr.P.C. for grant of regular bail relating to FIR No.02/2023 dated (not mentioned) registered at Police Station - Narcotics Cell, District Indore (M.P.) for the offence under Sections 8/20 of the NDPS Act.

2) It is alleged that from the possession of the applicant, 4.500 kgs. of Ganja (Cannabis) has been recovered.

3 ) Counsel for the applicant submits that the investigation has been completed, charge-sheet has been filed and the alleged seized quantity of contraband is non-commercial quantity therefore, provisions of Section 37 of the NDPS Act would not attract.

4 ) Counsel for the State opposes the prayer for grant of bail however, submits that except one case of Ganja smoking, there are no other criminal cases and in the said case, applicant was punished with fine of Rs.1,000/-.

5 ) After hearing learned counsel for the parties and taking into consideration that the alleged seized quantify of contraband is non-commercial quantity, investigation has been completed, charge-sheet has been filed, the applicant is in jail since 06.04.2022 and the trial may take time, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

6) It is directed that applicant Krishnakant Bhambharkar shall be released from custody upon furnishing a personal bond of Rs.1,00,000/-(Rupees One Lac Only) with one surety of the like amount to the satisfaction of the Ld. Court below.

7) The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

8) It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

9) A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld. Court below.

10) With the aforesaid, this application is allowed and stands disposed of.

Certified copy, as per Rules.