[email protected] Aditya Yadav. vs The State Of Madhya Pradesh
2021 Latest Caselaw 3282 MP

                                                        1                           MCRC-30755-2021
                              The High Court Of Madhya Pradesh
                                        MCRC-30755-2021
                                   ([email protected] ADITYA YADAV. Vs THE STATE OF MADHYA PRADESH)


                      Jabalpur, Dated : 14-07-2021
                            Heard through Video Conferencing.

                            Ms. Ranno Rajak, Advocate for the applicant.
                            Shri Akhilendra Singh, G.A. for the respondent-State.

Case diary is available with the learned G.A.

This is first bail application filed by the applicant under Section 439 of

the Code of Criminal Procedure. The applicant is in custody since 26.05.2021 in connection with Crime No.139/2021, registered at Police Station- Nagod, District Satna (M.P.) for the offence punishable under Sections 8(B)/21, 22 of N.D.P.S. Act and 5/13 of M.P. Drugs Control Act.

As per prosecution case, it is alleged against the applicant that he by providing his motor cycle bearing registration no. M.P.19M.G.0992 to co- accused persons Manish Dahiya and Bhupendra for transporting illegally 240 bottles of Onrex Cough Syrup (each 100 ml) containing Codeine Phosphate for sale, helped them.

Learned counsel for the applicant submitted that he has not committed any offence. Co-accused persons had taken his motor-cycle to visit their friends/relative. Applicant was not involved in the case in any manner. Nothing has been seized from his possession, he has been made accused only on the basis of memorandum of co-accused persons. He is in judicial custody since 26.05.2021 and due to outbreak of Covid-19 pandemic trial will take time to conclude. So he be enlarged on bail.

Learned Government Advocate for the respondent-State opposes the bail application on the ground that 240 bottles of Onrex Cough Syrup (each 100 ml) containing Codeine Phosphate were seized from the co-accused person to whom applicant provided his motor-cycle for transporting the said seized contraband . As per the judgment of Hon'ble the Apex Court in the Signature Not SAN Verified case of Hira Singh Vs. Union of India (2020 SCC Online SC 382), the Digitally signed by APARNA TIWARI Date: 2021.07.15 16:24:24 IST 2 MCRC-30755-2021 quantity of syrup which has been seized contraband is undoubtedly under the commercial quantity. Applicant has criminal antecedents. Offence is of serious in nature. Hence applicant is not entitled for grant of bail.

Considering the facts and circumstances of the case, particularly the applicant was not found on the spot and contraband was not seized from his

possession, without commenting anything on the merits of the case, the application is hereby dismissed.

                                                                    (SATYENDRA KUMAR SINGH)
                                                                             JUDGE


                      AT




Signature
 SAN      Not
Verified

Digitally signed by
APARNA TIWARI
Date: 2021.07.15
16:24:24 IST