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Judgment
8 paragraphs · 383 wordsVijay Kumar Shukla, J
Applicants have filed the first bail application under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.01/2023 registered at Police-Station – Alot, District – Ratlam (MP) for the offence punishable under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 and the applicants are behind the bars since 01.01.2023.
It is alleged that from the joint possession of present applicants, 1.700 grams of Ganja from black color was seized.
Counsel for the applicants submits that the applicants are behind the bars since 01.01.2023 and the conclusion of trial would take considerably long time. He submits that the alleged seized contraband is less than the commercial quantity. The investigation has been completed and chargesheet has been filed in the matter. With these submissions, bail has been sought.
Per contra, counsel for the State was also heard who has opposed the prayer on the ground that the aforesaid seized quantity is more than commercial quantity and the applicant No.1 is having the criminal record under IPC provision, however there is no criminal record against the present applicants regarding NDPS Act.
After hearing learned counsel for the parties and taking into consideration the fact that investigation has been completed and chargesheet has been filed and the alleged seized contraband is less than the commercial quantity and the applicant is not required for custodial interrogation, hence without commenting anything on the merits of the case, I deem it proper to allow the bail application. Accordingly, the bail application is allowed.
The applicants are directed to be released on bail on their furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lakh only) each with one solvent surety each of like amount to the satisfaction of Trial Court for their regular appearance before the concerned Court with a condition that they shall remain present before the Trial Court on all such dates as may be fixed in this behalf by the Court concerned during the pendency of trial. The applicants shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973. Miscellaneous Criminal Case stands allowed and is disposed of.
Let a copy of this order be sent to the Court concerned for compliance. Certified copy as per Rules.