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Samra vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 18 October 2023 · Citation: (2023) 10 MP CK 0072

HON’BLE JUDGES
Satyendra Kumar Singh, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 15
RESULT
Allowed/Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No. 47038 Of 2023
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Judgment

11 paragraphs · 353 words

Satyendra Kumar Singh, J

1.

With the consent, heard finally.

2.

Perused the case diary.

3.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 17.09.2023 in connection with Crime No.301/2023 registered at Police Station Dehat, District Sheopur (M.P.) for commission of offence punishable under Section 8/15 of NDPS Act.

4.

Prosecution case, in brief, is that on 17.9.2023 the applicant was found having 2 Kg. 900 Gms. poppy husk for the purposes of sale.

5.

Learned counsel for the applicant submits that nothing has been seized\ from the possession of the applicant. The quantity of contraband said to be seized from the possession of the applicant is slightly more than the small quantity. The applicant is in custody since 17.9.2023. He has no criminal past record. His custodial interrogation or trial is not required in the matter. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

6.

Learned counsel for the respondent/State opposes the application and submits that the applicant has a criminal past record and one more criminal case of similar in nature has been registered against him.

7.

Having considered the rival submissions, material pointed out by learned counsel for the applicant, quantity of contraband said to be seized from the possession of the applicant so also other facts and circumstances of the case, without commenting anything on the merits of the case, the application is allowed.

8.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

9.

This application is allowed and stands disposed of.

10.

Certified copy, as per Rules.