Tahmeed Khan vs State Of M.P

Vishal Mishra, J

The applicant has filed this third application u/S.439 Cr.P.C. for grant of bail. The applicant has been arrested on 10.08.2020 by Police Station

Amahiya, District Rewa (M.P.) in connection with Crime No.152/2020 registered in relation to the offence punishable u/Ss. 8, 21, 22 of NDPS and

Section 5/13 of Drugs Control Act.

It is alleged by the counsel for the applicant that the first bail application was dismissed on merits vide order dated 14.10.2020 passed in

M.Cr.C.No.32578/2020 and the second bail application was dismissed on merits vide order dated 21.01.2021 in M.Cr.C.No. 1362/2021. 13 bottles of

Cough Syrup has been seized from the possession of the present applicant. It is further submitted that the charge sheet has been filed on 20.07.2020.

As per the prosecution story in short is that police official of Amahiya received an information from other co-accused that the applicant and co-

accused were transporting Onerex Cough Syrup without having any permit. Thereafter, police official reached the spot and seized 13 bottles of

Onerex Syrup from the applicant and 720 bottles was seized from the co-accused containing codeine, 100 ml of each bottle. Thereafter, the police has

registered the aforesaid offence against the applicant and the other co-accused. The applicant is in custody since 10.08.2020. The applicant is a first

offender and he is ready to abide by all the terms and conditions that may be imposed by this Court while considering the application for grant of bail.

It is further argued that till date the prosecution has not produced the F.S.L report, therefore, it cannot be said that the seized cough syrup containing

codeine enables the prosecution to implicate the applicant for the offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 and under

the M.P. Drug Control Act. It is argued that if the report of F.S.L. demonstrates the presence of the contraband article then the applicant will

surrender immediately and apply for bail before the Court. But looking to the custody period and the present scenario of Covid-19, learned counsel for

the applicant prays for grant of bail to the applicant.

Per contra, learned Panel Lawyer for the State has opposed the bail application stating that huge quantity of cough syrup are recovered from the

possession of the co-accused Arunesh Tiwari. The State counsel could not dispute the fact that the charge sheet has been filed on 20.07.2020 and the

the applicant is a first offender. The State counsel fairly admits the fact that the F.S.L. report has not been produced till date.

Considering the overall facts and circumstances of the case, without commenting upon the merits of the case and subject to the condition that in case

the F.S.L. report received demonstrates the presence of the contraband articles seized in the cough syrup bottles then the applicant will surrender

immediately, the application is allowed.

The applicant is directed to be released on bail on furnishing surety bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like

amount to the satisfaction of the Investigation Officer/trial Court as the case may be with submission of written undertaking and the applicant will

abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well

as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic and he will have to install

Arogya Setu App, if not already installed.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not move in the vicinity of complainant party and the applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of

the Panel Lawyer to send copy of this order to SHO of concerned police station as well as the concerning Superintendent of Police who shall inform

the concerned SHO regarding the same.

Application stands allowed.

In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the

jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the

isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for

movement to reach his place of residence.

E-copy/Certified copy as per rules/directions.