Afsar Ali vs The State Of Madhya Pradesh
2021 Latest Caselaw 2194 MP

Citation : 2021 Latest Caselaw 2194 MP
Judgement Date : 8 June, 2021

Madhya Pradesh High Court

Afsar Ali vs The State Of Madhya Pradesh on 8 June, 2021

Author: Anjuli Palo

                                             1                             MCRC-14088-2021
                  The High Court Of Madhya Pradesh
                            MCRC-14088-2021
                             (AFSAR ALI Vs THE STATE OF MADHYA PRADESH)


     Jabalpur, Dated : 08-06-2021
               Heard through Video Conferencing.
               Shri Shankar P.Singh, counsel for the applicant.
               Ms. Nalini Gurang, Panel Lawyer for the respondent/State.

This is second bail application under Section 439 of the Cr.P.C. filed on behalf of the applicant who is in custody since 28.12.2020 in connection with Crime No. 431/2020 registered at Police Station Nouroganj, District Umariya (MP) for

offence punishable under Sections 8, 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 13 of the MP Drugs (Control) Act. The earlier application was withdrawn on 08.02.2021.

As per the prosecution case, 17 bottles of Onerex Cough Syrup containing 100 ml each has been seized from the possession of the applicant.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in jail since long. Due to Covid-19 pandemic, trial will take considerable time, hence it is prayed that the applicant be released on bail.

Learned Panel Lawyer for the respondent/State has vehemently opposed the bail application and stated that the applicant was caught selling the contraband cough

syrup in front of a school.

The allegations against the applicant are grave in nature. Considering the quantity of illegal cough syrup and taking into account its adverse impact on the health of person consuming it and on the youth of the society who are becoming addict to such substances and in the light of the observations made in judgment of the Supreme Court in case of Hira Singh & Ors vs. Union of India (Civil Appeal No. 5218/2017), this Court is not inclined to accept the prayer of the applicant for bail.

Accordingly, the same stands rejected.

(SMT. ANJULI PALO) JUDGE

vidya Digitally signed by SREEVIDYA Date: 2021.06.08 15:24:47 +05'30'