Raja @ Nagendra Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 2626 MP

                                           1                           MCRC-21605-2021




               The High Court Of Madhya Pradesh
                         MCRC-21605-2021
                      (RAJA @ NAGENDRA SINGH Vs THE STATE OF MADHYA PRADESH)


      Jabalpur, Dated : 22-06-2021
              Heard through Video Conferencing.
              Mr. Pramod Thakre, learned counsel for the applicant.

              Mr. Sanjeev Singh, learned P.L. for the respondent/ State.

This is the first application under Section 439 of Cr.P.C. on behalf of the applicant, who is in jail since 28.03.2021 in relation to crime No. 228/2021 registered at Police Station: City Kotwali, District Rewa for the offences punishable under Sections 8, 21, 22 of the N.D.P.S. Act and Section 5/13 of the Madhya Pradesh Drugs Control Act.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is further submitted by him that wife of the applicant is suffering from Cancer disease and taking a

sympathetic view, the applicant be released on bail. It is further submitted that applicant has small daughter. Under these circumstances, he prays for grant of bail to the applicant.

Learned P.L. for the State has submitted that 36 bottles containing 100 ml each of Codiene Phosphate syrupe were seized from the applicant. As per the judgment of the Hon'ble 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 serious in nature, therefore, the application may be rejected. It is also submitted that applicant has criminal antecedents.

Considering the totality of facts and circumstances of the case, the present application is dismissed.

VIKRAM SINGH
2021.06.22 16:31:56
+05'30'
          2        MCRC-21605-2021
             (VISHAL DHAGAT)
                  JUDGE
Vikram