Madhya Pradesh High Court
Vikash Gupta vs State Of M.P. on 4 March, 2021
Author: B. K. Shrivastava
1 MCRC-30899-2020
The High Court Of Madhya Pradesh
MCRC-30899-2020
(VIKASH GUPTA Vs STATE OF M.P.)
MCRC-28934-2020
(KULDEEP SINGH Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 04-03-2021
Shri Manish Datt, Senior counsel, with Shri T.P.Jaiswal, counsel for
the applicant in M.Cr.C.No.30899/2020.
Shri Hemant Rao Naidu, counsel for the applicant in
M.Cr.C.No.28934/2020.
Shri S.K.Malvi, Panel Lawyer, for the respondent/State.
Heard on both petitions filed under section 439 of CrPC on 17.8.2020
and 26.8.2020 on behalf of applicants Kuldeep Singh and Vikas Gupta,
who have been arrested on 23.7.2020 in connection with Crime No.85/2020,
registered at Police Station Atraila, District Rewa.
Initially, the crime was registered under sections 13 and 5 (b) of Drugs
Control Act. Section 8-A(C)/22 of NDPS Act. During investigation, section
420 of IPC was also included and the challan has been filed under the
aforesaid all sections.
It is submitted by both applicants that they are innocent persons and
have been falsely implicated in this case. Looking to their age, they should be
enlarged on bail.
O n the other side, the counsel for State strongly opposed the
application and drew attention towards the facts of the case and section 420
of IPC.
It appears from the case diary that on 23.7.2020 the police received an
information that 2 persons are going upon Black Pulsar motorcycle carrying
illegal cough syrup. Thereafter, the police reached to the spot and found that
both applicants were coming from the side of Look Village on a motorcycle
and going from Java to Rewa. The accused persons tried to fled away and
when the police tried to spot them, they fell down from the motorcycle. It is
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Date: 2021.03.04
15:31:30 IST
2 MCRC-30899-2020
Vikas Sharma was the pillion rider. A bag was kept between them in which
118 bottles of Wilsirex Cough Syrup were found. The police seized the
aforesaid cough syrup and the motorcycle bearing no.MP17 MF 9820 after
following the prescribed procedure.
During investigation, the police searched the name of owner of
aforesaid motorcycle no.MP17 MF 9820. The information received from
online was that Amit Vishwakarma S/o Late Shri Rakesh Vishwakarma, aged
about 25 years, R/o Arvind Nagar, Khutehi, Thana Amhiya is the registered
owner of the aforesaid vehicle. When the police called Amit Vishwakarma,
he appeared before the police along with his original vehicle of MP17 MF
9820. It is found that the aforesaid registration number was used by the
accused persons in their motorcycle. Amit Vishwakarma gave the information
that accused Vikas Gupta was using the number of Amit Vishwakarma's
motorcycle and upon receiving the objection Amit Vishwakarma told him
that he will remove the aforesaid number-plate. Thereafter the police sought
information from RTO on the basis of engine number and chasis number,
then RTO gave the information that the real number of alleged vehicle is
MP17 MR 4693, which is registered in the name of Pramod Patel S/o
Ramapati Patel, aged about 46 years, R/o Bajrang Nagar, Rewa. Thereafter,
police called Pramod Patel then he gave the information that the theft of his
vehicle was committed earlier for which he already lodged a report on
1.5.2020 and upon the basis of report, Crime No.135/2020 under section 379
of IPC was registered at Police Station, University Area, Rewa. Therefore, it
appears that the theft of vehicle was committed on 1.5.2020 The report of
theft was already lodged to the police. The aforesaid vehicle was used by
both applicants on 23.7.2020 by using the forged registration no.MP17 MF
9820. It is found that the applicants were in possession of 118 bottles of
Wilsirex Cough Syrup. Each bottle contains 100 ml. of syrup.
As per law laid down by the Supreme Court in the case of Heera
Signature Not Singh Vs. Union of India, Civil Appeal No.5218/2017 judgment dated
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Date: 2021.03.04
15:31:30 IST
3 MCRC-30899-2020
22.4.2020, the total quantity of substance will be taken into account for
deciding the commercial quantity. Therefore, it can be said that the
applicants were found in possession of 11,800 mls. of substance.
Hence, looking to the entire act of accused persons and the seized
quantity of cough syrup, they are not entitled to get the bail.
Therefore, both petitions are dismissed.
(B. K. SHRIVASTAVA)
JUDGE
TG /-
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Digitally signed by
TRUPTI GUNJAL
Date: 2021.03.04
15:31:30 IST
