Madhya Pradesh High Court
Umesh Sen vs The State Of Madhya Pradesh on 8 June, 2021
Author: Rajeev Kumar Dubey
1 MCRC-21382-2021
The High Court Of Madhya Pradesh
MCRC-21382-2021
(UMESH SEN Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 08-06-2021
Heard through Video Conferencing.
Shri K.B. Vishwakarma, learned counsel for the applicant.
Shri Amit Pandey, learned P.L. for the respondent/State.
Heard with the aid of case diary.
T h is is the second application filed under Section 439 Cr.P.C.
Applicant Umesh Sen was arrested on 21/11/2019 in Crime No. 537/2019
registered at Police Station Amarpatan, Distt. Satna (MP) for the offence
punishable under Sections 8/21, 22 of the N.D.P.S. Act, 1985 and Section
5/13 of M.P. Drug Control Act, 1949 and Section 120-B of the IPC.
The earlier bail application filed by the applicant was dismissed on
merit by this Court vide order dated 03/12/2020 passed in
M.Cr.C.Nos.11154/2020.
A s per prosecution case, on 20/11/2019 on the information of the
informant that 6-7 persons are going to Rewa from Maihar side on a pickup, a
c ar and one motorcycle and they were illegally transporting Corex Syrup,
Rajendra Mishra, SHO P.S. Amarpatan along with police force went to village
Paraswahi, Maihar and waited for the vehicles. Some time later, a car bearing
registration No. MP-17CC-3383, one pick up van bearing registration No.
MP-38G-0764 and one motorcycle bearing registration No. MP-17MR-1214
came there. They stopped the vehicles. The pick up van was being driven by
co-accused Ravi Chourasiya and co-accused Abhishek Sen and Rajesh
Sondhiya were also traveling in that vehicle. The Car was being driven by
applicant Umesh Sen and co-accused Shireesh was also travelling in that
vehicle. The motorcycle was being driven by co-accused Rishabh Pandey.
On searching, the pick up van bearing registration No. MP-38G-0764, 4800
bottles of Onerex Cough Syrup and car bearing registration No. MP-17CC-
Signature Not Verified
SAN
3383, 600 bottles of Onerex Cough Syrup total 5400 bottles Onerex Cough
Digitally signed by ANURAG SONI
Date: 2021.06.08 16:59:27 IST
2 MCRC-21382-2021
Syrup containing codeine phosphate were found which was illegally being
carried by the applicant and co-accused Ravi Chourasiya, Rishabh Pandey,
Rajesh Sondhiya, Abhishek Sen and Shireesh in the Pick Up Van and Car.
Learned counsel for the applicant submits that the applicant is innocent
and has falsely been implicated in this case. It is further submitted that there is
no evidence on record to show that the applicant was also involved in the
crime. Although, earlier bail application filed by the applicant was dismissed
on merit, but thereafter statement of witnesses of seizure memo i.e. Ajay
Kushwaha (PW/1) & Pankaj Sen (PW/2) have been recorded by the trial
Court. They did not support the prosecution story and turned hostile. The
applicant has been in custody since 21/11/2019 and the trial is still pending,
hence prayed for release of the applicant on bail.
Learned counsel for the respondent/State opposed the prayer and
submitted that the applicant was also involved in the crime. Police seized
4800 bottles Onerex Cough Syrup containing codeine phosphate from the
possession of co-accused Ravi Chourasiya and 600 bottles of Onerex Cough
Syrup from the possession of applicant Umesh Sen. Learned counsel for the
State further submitted that codeine phosphate is manufactured drug.
Applicant and other co-accused had no documents in their possession to
disclose as to for what purpose such a huge quantity of Onrex Cough Syrup
containing narcotic substance was being transported, so their act clearly
comes under the provisions of 8/21 of NDPS Act. The earlier bail application
filed by the applicant was dismissed on merit and thereafter there is no change
in circumstance. So, the applicant should not be released on bail.
The earlier bail application filed by applicant was dismissed on merit by
this Court vide order dated 03/12/2020 passed in M.Cr.C.No.11154/2020 and
thereafter there is no change in circumstance except custody period of the
applicant. Hon'ble Apex Court in the case of Rajesh Ranjan Yadav alias
Pappu Yadav v. CBI Through its Director, (2007) 1 SCC 70 held that
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SAN
bail, cannot be granted solely on the ground of long incarnation in jail and
Digitally signed by ANURAG SONI
Date: 2021.06.08 16:59:27 IST
3 MCRC-21382-2021
inability of accused to conduct the defence. Apex Court in the case of State
of M.P. v. Kajad, (2001) 7 SCC 673 observed "It is true that successive
bail applications are permissible under the changed circumstances. But
without the change in the circumstances, the second application would be
deemed to be seeking review of the earlier judgment which is not permissible
under criminal law as has been held by this Court in Hari Singh Mann v.
Harbhajan Singh Bajwa [(2001) 1 SCC 169 : 2001 SCC (Cri) 113] and
various other judgments."
It is alleged that the police seized 4800 bottles of Onerex Cough Syrup
from pick up van bearing registration No. MP-38G-0764 and 600 bottles of
Onerex Cough Syrup from car bearing registration No. MP-17CC-3383 total
5400 bottles of Onerex Cough Syrup and the applicant was driving the car
which clearly shows that applicant was also involved in the crime. Codeine
phosphate is manufactured drug. Applicant and other co-accused had no
documents in their possession to disclose as to for what purpose such a huge
quantity of Onrex Cough Syrup containing narcotic substance was being
transported.
So, looking to the huge quantity of Onrex Cough Syrup which was
seized by the police and the provisions of Section 37 of NDPS Act, this
Court is not inclined to grant bail to the applicant.
Hence, the bail application is rejected.
(RAJEEV KUMAR DUBEY)
JUDGE
as
Signature Not Verified
SAN
Digitally signed by ANURAG SONI
Date: 2021.06.08 16:59:27 IST
