Subhash vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case-diary.

This is the third bail application filed by applicant under Section 439 of Criminal Procedure Code, 1973 as he is implicated in connection with Crime No.62/2020 registered at Police Station - Narcotic Cell Indore Camp, Neemuch District - Neemuch (MP) for offence punishable under Sections 8/15 of the N.D.P.S. Act. The applicant is in custody since 17.10.2020.

Applicant's earlier bail applications have already been dismissed on 24/06/2021 and 22/09/2021.

The allegation against the applicant is that he was also involved in the aforesaid offence wherein 1 quintal 90 kg.of poppy straw has been seized.

Counsel for the applicant has submitted that in an identical case MCRC No.30722/2022 (Jaivardhan S/o Sudarshan v. The State of Madhya Pradesh), this Court has allowed the third bail application of the co-accused on 02.08.2022 on the ground that the sample obtained from the contraband seized was not in accordance with law, as the entire batch of contraband was mixed and thereafter the samples were taken from it. It is submitted that in the present case also, the alleged contraband of poppy straw was kept in ten batch and after mixing those bags together homogeneously, the samples have been taken out. Thus, it is submitted that the applicant'™s case is squarely covered by the order passed by this Court in the case of Jaivardhan (supra). Hence, it is submitted that the bail application be allowed and he be released on bail.

Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that looking to the contraband seized from the applicant, no case for grant of bail is made out.

Having considered the rival submissions and on perusal of the case diary as also the order passed by this Court in case of Jaivardhan (supra), this Court finds force with the contentions raised by the learned counsel for the applicant. Accordingly, without commenting anything on merits of the matter, the present application for grant of bail is allowed. The applicant is directed to be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac. only) with one surety in the like amount to the satisfaction of the Trial Court for his appearance, as and when directed.

It is also observed that after his release on bail, if the applicant is found in any criminal activities, the learned Judge of the trial Court shall, after giving an opportunity of hearing to the applicant, be at liberty to cancel this bail order, without further reference to this Court.

I t is also directed that the applicant will abide by all the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

The M.Cr.C. stands allowed.