Tahmeed Khan vs State Of M.P

Vishnu Pratap Singh Chauhan, J

Heard on this second post-arrest application under Section 439 of Cr.P.C. filed on behalf of the applicant Tahmeed Khan for grant of bail.

The applicant is in jail since 10.08.2020 in connection with Crime No.152/2020 registered at Police Station-Amahiya, District-Rewa for offence

punishable under Sections 8, 21 and 22 of N.D.P.S. Act and 5/13 of Drug Control Act.

First bail application of the applicant was dismissed on merits by this Court vide order dated 14.10.2020 passed in M.Cr.C. No.32578/2020.

The case of the prosecution against the applicant, in short, is that other co-accused apprehended with 720 bottles of Onrex Syrup having codeine

phosphate, which is Narcotic Drugs and Psychotropic Substance, each bottle contained 100 ml syrup. The police after seizing the contraband, made an

inquiry that from where they have brought this contraband. The co-accused furnished information that they have brought this contraband from the

applicant. Thereafter, the police apprehended the applicant and seized 13 bottles, each bottle contained 100 ml syrup having codeine phosphate of the

same brand, which were previously seized from the possession of the co-accused. In such circumstances, the police implicated the applicant in the

present case.

Learned counsel appearing for the applicant submits that he has filed this second application on the ground that applicant had been made accused on

the basis of information furnished by the co-accused. Only 13 bottles of contraband were seized from the possession of the applicant, therefore, it has

been prayed that applicant be released on bail.

Learned Panel Lawyer for the respondent/State, on the other hand, has vehemently opposed this application.

Having heard both the learned counsel for the parties. The first bail application filed by the applicant has been dismissed vide order dated 14.10.2020

passed in M.Cr.C.No.32578/2020, after considering on merits and this second application has been filed on the same ground which were discussed

previously during the disposal of first bail application. In such circumstances, this Court is not inclined to release the applicant on bail.

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