Madhya Pradesh High Court
Amit Chandra Sharma @ Raju vs The State Of Madhya Pradesh on 6 April, 2021
Author: Anjuli Palo
1 MCRC-3560-2021
The High Court Of Madhya Pradesh
MCRC-3560-2021
(AMIT CHANDRA SHARMA @ RAJU Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 06-04-2021
Shri Akhilesh Singh, learned counsel with Shri Arunodaya Singh, Advocate for
the applicant.
Ms. Shikha Baghel, learned Panel Lawyer for the respondent/State.
This is first bail application under Section 439 of the Cr.P.C. filed on behalf of
the applicant - Anil Chandra Sharma @ Raju 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.
A s 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 was present in
the said vehicle at the time of search.
Learned counsel for the applicant submits that applicant is an innocent person
and has been falsely implicated in the case. He was going to meet his uncle. But due to
Covid-19 pandemic, no means of transport was available, hence, he asked for a lift
from the co-accused person who was driving the aforesaid vehicle. He has no role in
the alleged crime. 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.
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 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
2 MCRC-3560-2021
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
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
3 MCRC-3560-2021
whether it would constitute "small quantity or commercial quantity",
cannot be accepted."
As per the facts of the case, the applicant was present in the vehicle seized by
the Police in which illegal cough syrup was being transported. Considering the quantity
of 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
10:37:53 +05'30'
