Pushpabai vs State Of Madhya Pradesh

Anil Verma, J

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No.371/2023 registered at Police Station Daloda, District Mandsaur (M.P.) for the offence under Section 8/20 of the Narcotics Drugs and Psychotropic Substances Act, 1985. The applicant is in custody since 18/08/2023.

As per the prosecution story, on 18/08/2023 police got a discrete information from the informant regarding the illegal crop of Gaanja plants. Act upon the said information, police party reached on the spot and recovered 682 green Gaanja plants and 280 dry Gaanj plants. Accordingly, a case has been registered against the applicant.

Learned counsel for the applicant submits that applicant is innocent and she has been falsely implicated in this matter. Applicant is in custody since 18/08/2023. Investigation is almost over. There is no legal evidence available on record to connect the applicant with the aforementioned offence. The seized quantity of contraband is below than the commercial quantity. Applicant is not having any criminal antecedent. Applicant is the permanent resident of Mandsaur district and final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

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

Perused the case diary as well as the impugned order of the Court below.

Considering all the facts and circumstances of the case, nature and gravity of allegation as also taking note of the fact that applicant is in custody since 18/08/2023; applicant has no criminal back ground; seized quantity of contraband is below than the commercial quantity therefore, there is no specific bar under Section 37 of the NDPS Act; investigation is almost over, therefore, no further custodial interrogation of the applicant is required and final conclusion of trial will take considerable long time. In these circumstances, I deem it proper to release the applicant on bail.

Accordingly, without commenting upon the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon her furnishing a personal bond in the sum of Rs.1,50,000/- (Rupees One Lac Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for her appearance before the trial Court, as and when required. She shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

Certified copy as per rules.