Nathulal vs C.B.N. Garoth
2021 Latest Caselaw 9106 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                       M.Cr.C. No.59415/2021
                     (Nathulal Vs. State of M.P.)
                                                                  -1-
Indore, dated 22/12/2021
      Shri Nilesh Dave, learned counsel for the applicant.
     Shri Manoj Soni, learned counsel for the respondent/CBN,

Garoth.

This is first application under Section 439 of Cr.P.C. filed on behalf of the applicant for grant of bail. The applicant is implicated in connection with Crime No.02/2021 registered at Police Station- C.B.N. Garoth, District- Mandsaur M.P. for offence punishable under Sections 8/20 and 29 of NDPS Act. The applicant is in custody since 29.09.2021.

02. As per prosecution story, on 28.09.2021, Central Narcotics Bureau received discrete information from the informer regarding illegal transportation of contraband. To act upon the said information, CBN team arranged a trap and reached on the spot and intercepted co-accused Ramjeevan. Thereafter, CBN searched and found 21.50 Kgs. Ganja from the possession of the co-accused Rajeevan and on the basis of the statement of co-accused, the present applicant was made accused in the present case and he was arrested on 29.09.2021.

03. Learned counsel for the applicant contended that the applicant is innocent person and he has been falsely implicated in this offence. There is no legal evidence to connect the applicant with the aforementioned crime. The applicant has been made accused on the basis of memorandum of co-accused Ramjeevan under Section 67 of NPDS Act which is not admissible in the eyes of law. Nothing has been recovered from the possession of the applicant and he is in custody since 29.09.2021 and he is aged about 60 years old and HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

M.Cr.C. No.59415/2021 (Nathulal Vs. State of M.P.)

suffering from various diseases and final conclusion of trial will take a long sufficient time, hence, under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper. Learned counsel has also placed reliance upon a judgment of the Apex Court delivered in the case of Toofan Singh Vs. State of Tamil Nadu, 2021 (2) SCC (Cri) 246.

04. Per contra, learned panel lawyer for respondent - State opposes the bail application and prays for its rejection.

05. Perused the case-diary as well as the impugned order passed by the trial court.

06. Considering all the facts and circumstances of the case and also the nature and gravity of the allegation and also taking note of the fact that in this case, more than the commercial quantity of contraband, 'Ganja' was recovered from the possession of the co- accused Ramjeevan and investigation is continue and further custodial interrogation of the present applicant may be required, hence, in view of the above, without commenting upon the merits of the case, at this stage, it would not be proper to release the applicant on bail. Accordingly, the present application is dismissed.

(Anil Verma) Judge N.R.

Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.12.23 18:16:55 +05'30'