Jai Prakash vs The State Of Madhya Pradesh
2021 Latest Caselaw 1324 MP

                                   1                              MCRC-8670-2021
        The High Court Of Madhya Pradesh
                  MCRC-8670-2021
                   (JAI PRAKASH Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 06-04-2021
      Shri Anil Khare, learned Senior Counsel assisted by Ms. Tanvi Khare,

Advocate for the applicant.
      Ms. Shikha Baghel, learned Panel Lawyer for the respondent/State.

This is second bail application under Section 439 of the Cr.P.C. filed on behalf of the applicant - Jai Prakash who is in custody since 08.10.2020 in

connection with Crime No. 263/2020 registered at Police Station Sohagi, District Rewa for offences punishable under Sections 8/21, 22 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 5/13 of the MP Drugs (Control) Act. The earlier application was dismissed as withdrawn vide order dated 22.12.2020 passed in M.Cr.C.No. 43896/2020.

As per the prosecution case, upon search the Police team recovered 4800 bottles of wings, bio tech, onerex cough syrup worth Rs. 5,76,000/- from the Tata Ace vehicle being illegaly transported by the co-accused person. Applicant is the owner of the said vehicle.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He has been implicated for the aforesaid charges due to the fact that illegal cough syrup bottles were seized from his Tata ace vehicle bearing registration No. UP 70 GT 2897. Applicant had given the said vehicle to the co-accused person who was transporting the cough syrup. Trial will take considerable time, hence it is prayed that the applicant be released on bail.

Learned Panel Lawyer for the State has vehemently opposed the bail application. Police has seized the Tata Ace vehicle along with the motor cycle of the applicant bearing registration No. UP 70 CU 5408.

Learned trial Court, while dismissing the bail application of the applicant has relied upon the judgment rendered in case of Hira Singh & Ors vs. Union of India (Civil Appeal No. 5218/2017) wherein the 2 MCRC-8670-2021 Supreme Court, while considering the present scenario regarding the use of drugs, has observed as under :

"8.5. The problem of drug addicts is international and the mafia is working throughout the world. It is a crime against the society and it has to be dealt with iron hands. Use

of drugs by the young people in India has increased. The drugs are being used for weakening of the nation. During the British regime control was kept on the traffic of dangerous drugs by enforcing the Opium Act, 1857. The Opium Act, 1875 and the Dangerous Drugs Act, 1930. However, with the passage of time and the development in the field of illicit drug traffic and during abuse at national and international level, many deficiencies in the existing laws have come to notice. Therefore, in order to remove such deficiencies and difficulties, there was urgent need for the enactment of a comprehensive legislation on Narcotic Drugs and Psychotropic Substances, which led to enactment of NDPS Act. As observed herein above, the Act is a special law and has a laudable purpose to serve and is intended to combat the menace otherwise bent upon destroying the public health and national health. The guilty must be in and the innocent ones must be out. The punishment part in drug trafficking is an important one but its preventive part is more important. Therefore, prevention of illicit traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 came to be introduced. The aim was to prevent illicit traffic rather than punish after the offence was committed. Therefore, the Courts will have to safeguard the life and liberty of the innocent persons. Therefore, the provisions of NDPS Act are required to be interpreted keeping in mind the object and purpose of NDPS 3 MCRC-8670-2021 Act; impact on the society as a whole and the Act is required to be interpreted literally and not liberally which may ultimately frustrate the object, purpose and preamble of the Act. Therefore, the interpretation of the relevant provisions of the statute canvassed on behalf of the accused and the intervener that quantity of neutral substance (s) is not to be taken into consideration and it is only actual content of the weight of the offending drug, which is relevant for the purpose of determining whether it would constitute "small quantity or commercial quantity", cannot be accepted."

As per the facts of the case, the illegal cough syrup which was seized by the Police was being transported in the vehicle owned by the applicant. Considering the quantity of seized illegal cough syrup and taking into account its adverse impact on the health of person consuming it and also on the youth of the society and in the light of the observation made in judgment of the Supreme Court in case of Hira Singh (supra), this Court is not inclined to accept the prayer of the applicant for bail. The same stands rejected.

Accordingly, this M.Cr.C. stands dismissed.

(SMT. ANJULI PALO) JUDGE

vidya Digitally signed by SREEVIDYA Date: 2021.04.07 10:37:18 +05'30'