Prateek Gupta vs The State Of Madhya Pradesh
2021 Latest Caselaw 1207 MP

                                                                          1                            MCRC-9318-2021
                                             The High Court Of Madhya Pradesh
                                                       MCRC-9318-2021
                                                      (PRATEEK GUPTA Vs THE STATE OF MADHYA PRADESH)


                                     Jabalpur, Dated : 01-04-2021
                                           Shri Manish Datt, learned Senior counsel with Shri Siddharth Sharma,

                                     learned counsel for the applicant.
                                           Shri Akshit Saigal, learned panel lawyer for the respondent/State.

This first application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of bail to applicant Prateek Gupta,

in connection with Crime No.30/2021 for offences punishable under Sections 8, 21 and 22 of the NDPS Act read with Section 5/13 of the M.P. Drug Control Act registered at Police Station Sohagi District Rewa.

T h e applicant is in judicial custody since 28.01.2021 for the aforementioned case. The case of the prosecution is that 1550 bottles of Corex cough syrup has been seized from the co-accused and the applicant was the passenger in the Car.

Besides this, learned counsel for the applicant further submits the provisions of Section 50 of the N.D.P.S. Act which is mandatory has not

been complied with by the police. He submits that it was a composite notice under Section 50 that was given to all the accused persons in which the signatures were taken.

In a similar case, this Court vide order dated 02.03.2021 in M.Cr.C.No.98/2021 (Dharmendra Tiwari @ Golu Tiwar Vs. The State of Madhya Pradesh) after relying upon the judgment of the Supreme Court in the case of State of Rajasthan Vs. Parmanand and another, (2014) 5 SCC 345 has held that the consent of the accused persons to be searched by the Investigating Officer and not by the Gazetted Officer, must be expressed in the said notice by each accused and in the absence of such expressed consent, their consent cannot be inferred.

Under the circumstances, the application is allowed. It is directed that Signature Not Verified SAN the applicant herein shall be enlarged on bail upon his furnishing a personal Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.04.03 11:59:41 IST 2 MCRC-9318-2021 bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court.

The jail authorities shall have the applicant checked by the jail doctor to ensure that he is not suffering from the Novel Corona Virus (COVID-19) disease and if he is, he shall be sent to the nearest hospital designated by the

State for treatment. If not, he shall be transported to his place of residence by the jail authorities.

Certified copy as per rules.

(ATUL SREEDHARAN) JUDGE

AM

Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.04.03 11:59:41 IST