Shivendra vs State Of M.P

Vishnu Pratap Singh Chauhan, J

Heard on this third post-arrest application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail.

First bail application filed by the applicant was dismissed by this Court vide order dated 10.12.2019 passed in M.Cr.C. No.45709/2019 on merits and

second bail application was dismissed vide order dated 27.07.2020 passed in M.Cr.C. No.20081/2020 as withdrawn.

The applicant is in custody since 14-10-2019 in connection with Crime No.244/2019, registered at Police Station-Sohagi, District-Rewa, for offence

punishable under Sections 8, 21, 22 of Narcotic Drugs And Psychotropic Substances Act and Sections 5/13 of M.P. Drug Control Act.

Allegation against the applicant, in short, is that, the applicant along with another co-accused person was travelling in a Wagon-R car. The police

received an information that a huge quantity of contraband substance was loaded in the car. The police after completing formalities, stopped the car

and during search of the car, seized 1200 bottles of Onrex cough syrup, having codeine phosphate, which is a Narcotic Drug and Psychotropic

Substance. The applicant could not furnish any valid document for having such a huge quantity of contraband substance, therefore, the police arrested

the applicant and registered this case against him.

Learned counsel for the applicant submits that first bail application of the applicant was dismissed during investigation and the second bail application

was dismissed as withdrawn. Learned counsel for the applicant has based his arguments mainly on three counts, firstly, Investigating Officer of the

present case is the same person, who has lodged the FIR; secondly, of Section 50 of the Narcotic Drugs And PsychotropicSubstances Act were not

complied with during seizure and, thirdly, the applicant is the registered owner of the vehicle, which was hired by the co- accused and the applicant

had no knowledge that co-accused, who was sitting inside the vehicle is having contraband substance. It is further submitted that the applicant is in

custody since 14.10.2020 and trial will take considerable time for its disposal, therefore, it is prayed that the applicant be enlarged on bail.

On the other hand, learned Panel Lawyer for the respondent/State has vehemently opposed the application. He submits that the applicant was very

much involved in the crime. Looking to the huge quantity of contraband substance was seized from the car of the applicant and the fact that previous

two bail applications of the applicant were dismissed by this Court on merits and also considering the fact that there is no change in the circumstances,

it is prayed that this application be dismissed.

Having heard the learned counsel for the parties and on a perusal of the case diary, at this stage, this Court is not inclined to discuss the merits of the

case and ambit scope of Section 50 of the Narcotic Drugs And Psychotropic Substances Act. Prima facie it is reflected that the applicant was present

in the car and a huge quantity of contraband substance was being transported in the vehicle. Submissions raised by the learned counsel for the

applicant are to be decided on merits during trial.

In view of the aforesaid and looking to the huge quantity of cough syrup seized from the vehicle, containing codeine phosphate, which is a Narcotic

Drug and Psychotropic Substance, this Court is not inclined to enlarge the applicant on bail.

Consequently, this third application under Section 439 of the Code of Criminal Procedure filed by applicant Shivendra is hereby dismissed.