Tulsidas Gupta vs State Of Madhya Pradesh

Anjuli Palo, J

This is the first application filed by the applicant under Section 439 of the Cr.P.C.

The applicant is in custody since 9.9.2020 in connection with Crime No.618/2020 registered at Police Chowki - Semaria, Police Station Churhat, District Sidhi for the offence punisable under Section 5/13 of the M.P. Drug Control Act and 8,21 of the NDPS Act.

As per prosecution, 26 bottles of Onerex Syrup containing Codeine Phosphate are alleged to have been seized from the possession of the applicant.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The applicant has no previous criminal record. The applicant is in custody and the trial would take considerable time to conclude due to situation created by Covid-19 pandemic, therefore, the applicant may be released on bail.

Learned Panel Lawyer opposed the application.

Considering the overall facts and circumstances of the case, quantity of article seized from the possession of the applicant and his period of custody, I deem it appropriate to release the applicant on bail, therefore, the application is allowed.

It is directed that applicant Tulsidas Gupta shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.

It is made clear that if the applicant is found involved in the similar offence in future, this order shall become ineffective.

It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

With the aforesaid, the M.Cr.C. stands allowed and disposed of.