Lalaram vs Central Bureau Of Narcotics ...
2021 Latest Caselaw 4222 MP

                                                                      1                           MCRC-30176-2021
                                           The High Court Of Madhya Pradesh
                                                     MCRC-30176-2021
                                     (LALARAM Vs CENTRAL BUREAU OF NARCOTICS THROUGH KRISHAN SHIV RAM KENDURKAR)


                                   Indore, Dated : 12-08-2021
                                          Shri A.S. Sisodia, learned counsel for the applicant.

                                          Shri Manoj Soni, learned counsel for the respondent/CBN.

Heard through Video Conferencing.

This is the fourth repeat application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. His first application was

dismissed as withdrawn by order dated 29.04.2019 passed M.Cr.C. No. 13493/2019. His second application was dismissed by order dated 14.10.2019 passed in M.Cr.C. No. 37461/2019 and his third application was dismissed by order dated 22.09.2020 passed in M.Cr.C. No. 16421/2020 with liberty to revive the prayer for bail after passing of the judgment in the instant crime case. The applicant is in custody since 16.11.2017 in connection with crime case No.1/2017 registered at Police Station CBN Singoli , District- Neemuch for the offence punishable under section 8/15 (C) of the NDPS Act.

A s per prosecution story, applicant while driving vehicle bearing registration number RJ20 GH 3877 was intercepted on secret information and 2 quintal and 97 kg of poppy straw was found loaded therein.Accordingly, case has been registered against the applicant.

Investigation is complete. Challan has been filed. Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the case. On merits, it is submitted that applicant has already suffered jail incarceration of three years and ten months as he is in custody since 16.11.2017. Applicant in his memo recorded u/S 67 of the NDPS Act has disclosed that fact that he is not the owner of the alleged contraband seized. Due to high amount being paid to him for transportation of contraband, he had accepted the order for transportation of Signature Not Verified SAN poppy straw. Moreso, only four witnesses out of ten enlisted witnesses have Digitally signed by SEHAR HASEEN Date: 2021.08.13 11:52:50 IST 2 MCRC-30176-2021 been examined. Investigation is complete and challan has been filed and he is not required for further custodial investigation. Applicant is the sole bread earner and due to his jail incarceration, family is in penury. Moreso, due to Covid- 19, the Court proceedings are paralyzed and regular proceedings are not taking place as a result possibility of undue and prolonged delay of trial

cannot be ruled out. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.

P er contra, learned Panel Lawyer has opposed the bail application supporting the order impugned with the submission that there is another case against the applicant registered on 26.08.2017 as against the present one on 16.11.2017 wherein on the strength of memo recorded under Section 67 of NDPS Act, the applicant has been implicated. Both trials are going on. Hence, no indulgence is warranted in the matter of grant of bail.

A t this stage, on instructions learned counsel for the applicant graciously submits that looking to grave critical social economic condition of poor persons living in old age homes, Vidhwa Ashrams or orphans living in orphanage and due to outbreak of Covid-19 Pandemic, the applicant volunteers to deposit an amount of Rs.2,00,000/- (Rupees two lakhs only), in the office of Zila Balsanrakshan Samiti, Distt. Neemuch [State Bank of India Account No.031854494225 IFSC Code SBIN0030055] to be utilized for providing clothing, food and other essential amenities required for the old age people living in old age homes, vidhwas living in vidhwa aashrams and orphans living in orphanages and sufferers of Covid-19 Pandemic in the district under the surveillance of Collector Distt. Neemuch. The aforesaid deposit of amount shall not influence the pending trial but is only, for enlargement of the applicant on bail.

This Court appreciates the gesture shown by learned counsel for the applicant.

Signature Not Verified SAN Upon hearing learned counsel for the parties and in the obtaining facts

Digitally signed by SEHAR HASEEN Date: 2021.08.13 11:52:50 IST 3 MCRC-30176-2021 and circumstances but, without touching on merits of the contentions so advanced, regard being had to the fact that applicant is in custody since 16.11.2017 and about three years and ten months period has passed by, investigation is complete and chargsheet has been filed, he is no more required for further custodial investigation. Due to Covid-19 pandemic, the possibility of delay in conclusion of trial cannot be ruled out. Hence, he is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Cr.P.C., is hereby allowed. It is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs.5,00,000/- (Rupees Five lakhs only) with two solvent sureties of Rs. 2,50,000/- (out of which

one should be local surety) in the like amount to the satisfaction of the trial Court, on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437(3) of Cr.P.C., with following further conditions:

(i) the applicant shall prepare a demand draft for Rs.2,00,000/- (Rupees two lakhs only), of any Nationalized Bank in favour of Zila Bal Sanrakshan Samiti, Distt. Neemuch [State Bank of India Account No.031854494225 IFSC Code SBIN0030055] to be utilized for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in vidhwa aashrams and orphans living in orphanage and also to the sufferers of Covid-19 Pandemic in the city of Neemuch in dire need of such amenities/facilities. The amount so deposited shall have no bearing or relevance on the pending trial to the prejudice of the applicant.

(ii) (a) the applicant shall submit the original demand drafts alongwith copy of the order passed today through his counsel before the Principal Registrar of this Bench, for keeping the same in his safe custody.

(ii) (b) as and when directed, the Principal Registrar shall seek Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2021.08.13 11:52:50 IST 4 MCRC-30176-2021 instructions/directions through PUD from this Court for handing over the demand draft to the concerned authority in that behalf.

(ii)(c) the Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure that the same is in relation to the present case.

(iii) the said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Neemuch is also directed to maintain a separate account (for production of the record as and when directed for).

(iv) the applicant shall mark his attendance before the concerned police station on 2nd, 3rd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.

(v) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(vi) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order.

(vii) In the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail granted to the applicant.

(viii) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases of misuse the bail granted by this Court, this bail order shall stand cancelled automatically.

Registry is directed to send an e-copy of this order to the Court Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2021.08.13 11:52:50 IST 5 MCRC-30176-2021 concerned for necessary compliance.

Observations made on facts touching merits of the case are only for the purpose of deciding the bail application and shall not have bearing on the pending trial.

E-certified copy as per rules.

(ROHIT ARYA) JUDGE

sh

Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2021.08.13 11:52:50 IST