Sandeep Mishra vs The State Of Madhya Pradesh
2021 Latest Caselaw 3283 MP

                                                        1                           MCRC-33567-2021
                              The High Court Of Madhya Pradesh
                                        MCRC-33567-2021
                                       (SANDEEP MISHRA Vs THE STATE OF MADHYA PRADESH)


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

                            Shri Vidya Shankar Mishra, Advocate for the applicant.
                            Ms. Seema Pandey, P.L. for the respondent-State.

Case diary is available with the learned P.L.

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

the Code of Criminal Procedure. The applicant is in custody since 08.04.2021 in connection with Crime No.140/2021, registered at Police Station- Civil Line, District Rewa (M.P.) for the offence punishable under Sections 8, 20, 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 along with other co-accused was found having 185 bottles of Cough Syrup (each 100 ml) containing Codeine Phosphate in his possession and transporting the same for sale by motorcycle bearing registration No. M.P.17M.F/8629.

Learned counsel for the applicant submitted that the applicant is

innocent and has falsely been implicated in the present case. He is in judicial custody since 08.04.2021 and due to outbreak of Covid-19 pandemic trial will take time to conclude. So he be enlarged on bail.

Learned Panel Lawyer for the respondent-State opposes the bail application on the ground that 185 bottles of Cough Syrup (each 100 ml) containing Codeine Phosphate were seized from the applicant. As per the judgment of Hon'ble the Apex Court in the case of Hira Singh Vs. Union of India (2020 SCC Online SC 382), the quantity of syrup which has been seized from the applicant is commercial quantity. Offence is of serious in nature, therefore, the application may be rejected.

Considering the totality of facts and circumstances of the case, I am of the considered view that applicant is not entitled for bail. Hence without Signature Not SAN Verified expressing any opinion on the merits of the case, the application is hereby Digitally signed by APARNA TIWARI Date: 2021.07.15 16:24:26 IST 2 MCRC-33567-2021 dismissed.

                                       (SATYENDRA KUMAR SINGH)
                                                JUDGE


                      AT




Signature
 SAN      Not
Verified

Digitally signed by
APARNA TIWARI
Date: 2021.07.15
16:24:26 IST