Indrabhan Jaiswal vs The State Of Madhya Pradesh
2021 Latest Caselaw 3286 MP

                                                         1                            MCRC-33303-2021
                               The High Court Of Madhya Pradesh
                                         MCRC-33303-2021
                                      (INDRABHAN JAISWAL Vs THE STATE OF MADHYA PRADESH)


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

                              Shri Vinod Tiwari, Advocate for the applicant.
                              Shri Akhilendra Singh, G.A. for the respondent-State.

Case diary is available with the learned G.A. This is the first application filed under section 438 of the Cr.P.C. for

grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.117/2021 registered at Police Station Mauganj, District Rewa (M.P.) for commission of offences punishable under Section 8- A (C), 22 of NDPS Act and Section 5-B/13 of M.P. Drugs Control Act.

As per prosecution case, it is alleged against the applicant that he was found transporting 165 bottles of Onrex Cough Syrup (each 100 ml) containing Codeine Phosphate without having any license or authority on motorcycle bearing Registration No. M.P. 17 M.J/4221.

Learned counsel for the applicant submitted that the said contraband

was not seized from his possession. Police had seized his motorcycle from his house. Applicant is innocent and has been falsely implicated in the present case.

Learned Government Advocate for the respondent-State opposes the bail application on the ground that 165 bottles of Onrex 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 quantity of seized cough syrup from the applicant in view of the principle laid down by the Apex Court in the matter of Hira Signature Not SAN Verified Singh (supra), I am of the considered view that it is not a fit case for grant of Digitally signed by APARNA TIWARI Date: 2021.07.15 16:24:23 IST 2 MCRC-33303-2021 anticipatory bail to the applicant. Hence without expressing any opinion on merits of the matter this application is hereby dismissed.

                                                                  (SATYENDRA KUMAR SINGH)
                                                                           JUDGE


                      AT




Signature
 SAN      Not
Verified

Digitally signed by
APARNA TIWARI
Date: 2021.07.15
16:24:23 IST