Mohaseen Khan vs State Of Madhya Pradesh

This is the first bail application filed by the applicant under Section 439 of Cr.P.C. Applicant Mohaseen Khan was arrested on 7/12/2018 in connection with Crime No.776/2018 registered at Police Station City Kotwali Khandwa, District Khandwa (M.P.) for the offence punishable under Sections 8/20 of NDPS Act.

As per prosecution case, on 06-12-2018 on the information of the informant, police intercepted motorcycles bearing registration No. MP12 MP 0880 which was being driven by co-accused Abdul Hasan and MH 27CE2488 which was being driven by the applicant Mohsin Khan and co-accused Firoz Khan was the pillion rider on that bike and seized 5.500 grams Ganja from the possession of applicant Mohsin Khan which was kept by him in a bag and 17 kg. Ganja from the possession of co-accused Firoz Khan which was kept by him in three sacks. Police also seized 7.500 grams Ganja from the possession of co-accused Abdul Hasan which was kept by him in a sack. Said Ganja was illegally being carried by them. It is also alleged that co-accused Israel was also with him, who fled away from the spot when police intercepted them.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. Co-accused Israel was enlarged on bail vide order dated 21/5/2019 passed in MCrC no.17730/2019. The applicant is in custody since 7/12/2018. Charge sheet has been filed and conclusion of trial is likely to take a long time, hence prayed for release of the applicant on bail. In this regard, he also placed reliance on Punjab & Haryana High Court judgement passed in Ankush Kumar @ Sonu vs. State of Punjab in CRM-M30643 of 2018 and apex court judgement passed in Sami Ullaha vs. Superintendent Narcotic Central Bureau reported in (2009) AIR (SC) 1357, Arif Khan @ Agha Khan vs. State of Uttarakhand reported in (2018) 5 SCJ 450.

On the other hand, learned counsel for the respondent/State opposed the prayer and submitted that the police seized total 30 kg Ganja from the possession of applicant and co-accused persons which was carried by them at the time of incident. Hence, looking to the provisions of Section 37 of NDPS Act, he should not be released on bail.

Looking to the facts and circumstances of the case and the fact that it is alleged that police seized 5.500 Kg. ganja from the possession of the applicant which does not fall within the purview of commercial quantity and the applicant has no criminal past and he is in custody since 7/12/2018, the charge sheet has been filed, conclusion of trial will take time, it would be appropriate to release the applicant on bail, therefore, without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on 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 trial court.

This order will remain operative subject to compliance of the following conditions by the applicant :

(i) the applicant will comply with all the terms and conditions of the bond executed by him;

(ii) the applicant will cooperate in the trial;

(iii) the applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

(iv) the applicant will not commit an offence similar to the offence of which he is accused;

(v) the applicant will not seek unnecessary adjournments during the trial; and

(vi) the applicant will not leave India without previous permission of the trial Court.

C.C. as per rules.