Lalaram vs The State Of Madhya Pradesh
2021 Latest Caselaw 2965 MP

                                                                       1                            MCRC-10007-2021
                                            The High Court Of Madhya Pradesh
                                                      MCRC-10007-2021
                                                         (LALARAM Vs THE STATE OF MADHYA PRADESH)


                                    Jabalpur, Dated : 05-07-2021
                                          Heard through Video Conferencing.

                                          Shri Priyankush Jain, learned counsel for applicant.
                                          Shri Shailesh Khampariya, learned P.L. for respondent/State.

This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant, as he has been arrested in connection with Crime

No.19/2021, registered at Police Station Amarpatan District Satna for commission of offences punishable under Sections 8-A(B), 21 and 22 of NDPS Act and Section 5/13 of M. P. Drugs (Control) Act, 1949.

Allegation against the applicant is that he alongwith co-accused was found in possession of 240 bottles WINCIREX Cough Syrup containing 100 ml. each.

Learned counsel for applicant submitted that the applicant is innocent person and has falsely been implicated in the present offence. The applicant is ready to furnish bail and shall abide by all conditions as may be imposed by

the Court. He further submits that the applicant is in judicial custody since 13.01.2021. The quantity of Codeine Phosphate alleged to be seized from applicant is much lesser than the commercial quantity. The trial will take time for its final disposal. The whole prosecution case is suspicious, so applicant prays for grant of bail.

Learned counsel for the respondent/State opposes the bail application. He submits that 240 bottles of WINCIREX cough syrup containing 100ml each of Codeine Phosphate syrup were seized from the applicant. He further submits that in view of the judgment of the Apex Court in the matter of Hira Singh Vs. Union of India, reported in 2020 SCC Online SC 382, in which it is held that if the quantity of syrup which has been seized from the applicant and co-accused is commercial quantity offences are serious, Signature Not Verified SAN therefore, the application may be rejected.

Digitally signed by APARNA TIWARI Date: 2021.07.05 16:52:31 IST 2 MCRC-10007-2021 The applicant was found in possession of 240 bottles WINCIREX Cough Syrup containing 100 ml. each. The quantity of syrup which has been seized from the applicant and co-accused comes under the commercial quantity. The offence is of serious in nature.

Considering the totality of the facts and circumstances of the case, I

am of the considered view that at this stage it is not a fit case for grant of bail to the applicant. Hence, without expressing any opinion of merits of the matter, this first bail application filed under Section 439 of Cr.P.C. for grant of bail to the applicant is hereby dismissed.

(SATYENDRA KUMAR SINGH) JUDGE

AT

Signature Not Verified SAN

Digitally signed by APARNA TIWARI Date: 2021.07.05 16:52:31 IST