Mohit Medhani vs State Of Chhattisgarh

Heard.

This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail, as he has been arrested on 9.2.2023 in connection with Crime No.81/2023 registered at Police Station Basna, District Mahasamund (CG) for the offence punishable under Section 20(b)(ii)(B) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (in short “the Act, 1985”).

Case of the prosecution, in brief, is that on 9.2.2023, while checking the vehicles, the Police of Police Station – Basna stopped the vehicle Echo Maruti bearing registration No.CG04-HC-1831 and Swift Desire Car bearing registration No.CG04-NQ-4098 and recovered 10-10 Kg of contraband article (Ganja) in the dickey of the said cars.

It has been argued by learned counsel for the applicant that total 20 Kg of contraband article (Ganja) was recovered from the three accused persons and so far as the present applicant is concerned, 10 Kg of contraband article was recovered from him and therefore, it is less than the commercial quantity as prescribed under the Act, 1985. It is further contended that there is no criminal antecedent of the NDPS Act or any other criminal case against the present applicant, trial has not yet commenced and the applicant is in jail since 9.2.2023, therefore, he prays that the applicant may be enlarged on bail.

On the other hand, learned State Counsel, while opposing the said application, submits that since total 20 Kg of Ganja was recovered, it would come under the purview of Commercial quantity as required under the Act, 1985 and hence, he is not entitled to be released on bail.

I have heard learned counsel for the parties and also perused the case diary.

Having considered the facts and circumstances of the case, further considering the quantity of contraband article so recovered from the possession of the present applicant, which is much less than the commercial quantity as prescribed under the Act, 1985 and also considering that the trial is likely to take some time for its conclusion, I am, therefore inclined to enlarge the applicant on bail, who is in jail since 9.2.2023.

Accordingly, the application filed under Section 439 of Cr.P.C. is allowed.

Let applicant, Mohit Medhani, involved in Crime No.81 of 2023, under Section 20(b)(ii)(B) of the Act, 1985, Police Station Basna, District Mahasamund, be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within six months from the date of receipt of a certified copy of this order, if there is no legal impediment.

The applicant is directed to provide a certified copy of this order to the trial Court for necessary information and compliance.