Padam Singh vs State Of Madhya Pradesh

Anil Verma, J

This is the first application filed by the applicant for grant of regular bail under section 439 of the Code of Criminal Procedure, 1973 relating to FIR No. 433/2023 registered at P.S – Neemuch Cant, District-Neemuch (M.P.) for the offence under sections 8/ 15, 29 of NDPS Act.

2/ As per prosecution story, on 28.06.2023, police officials received confidential information that one person who belongs to Punjab is carrying with him one bag which contains some contraband and the same is going to supply tie contraband to Punjaab and waiting for bus sitting near shamshan ghat. On this information, police reached the spot and searched the accused. The police found one person sitting on bag . Police arrested the applicant and checked the bag, then the police found 18 Kilograms of Poppy straw from the possession of the co accused person namely Surendra Singh , Later on he implicated the name of the present applicant and alleged that present applicant supplied contraband to him. On this information, the police arrested present applicant and registered the crime against the present applicant

3/ Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence on the basis of memorandum of the co-accused recorded under section 27 of the Evidence Act. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Seized quantity of the contraband is below than the commercial quantity. Nothing has been recovered from his possession. Investigation is almost over Applicant is in custody since 30/06/2023. He is permanent resident of District-Neemuch. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

4/ Per-contra, learned counsel for respondent – State opposes the bail application and prays for its rejection but fairly admits that no criminal antecedent has been found against the applicant.

5/ Perused the impugned order of the trial Court as well as the case dairy.

6/ Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that the seized quantity of the contraband is below than the commercial quantity, therefore, there is no bar under section 37 of the NDPS Act; nothing has been recovered from his possession; investigation is almost over; he is not having any criminal antecedent and possibility of delay in conclusion of the trial cannot be ruled out, in view of the evidence available on record, I deem it proper to release the accused / applicant on bail.

7/ Accordingly, without commenting 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. 1,50,000/- (Rs. One Lac Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required.

8/ He shall abide by all the conditions enumerated u/S. 437(3) Cr.P.C.

Certified copy, as per Rules.