Ratanlal Gurjar vs Union Of India
2021 Latest Caselaw 846 MP

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                                                                     MCRC No.10140/2021

        High Court of Madhya Pradesh, Jabalpur
                    Bench at Indore
       Miscellaneous Criminal Case No.10140/2021
                     (Ratanlal Gurjar s/o Bhanwarlal Gurjar
                                     Versus
                                Union of India)
Indore, Dated 18.03.2021
      Hearing through Video Conferencing.

      Mr. Abhay Kumar Saraswat, learned counsel for the applicant.

      Mr. Manoj Kumar Soni, learned counsel for the respondent /

Control Bureau of Narcotics.

They are heard. Perused the case diary / challan papers.

This is the applicant's fourth bail application under Section

439 of Criminal Procedure Code, 1973. He is implicated in

connection with Crime No.02/2016 registered at Police Station CBN

Neemuch, District Neemuch (MP) for offence punishable under

Section 8 read with Section 18 and Section 29 of the Narcotic Drugs

& Psychotropic Substances Act, 1985 (herein after referred to as the

NDPS Act).

The applicant is in custody since 05.05.2017.

The earlier three bail applications have already been

dismissed, as withdrawn. Counsel for the applicant has submitted

that the present applicant has been arrested only on the basis of a

memo prepared under Section 67 of the NDPS Act, 1985. It is

further submitted that the main allegation is against one Chhotulal

Gurjar from whose possession 5 kilogram 100 grams of opium was

MCRC No.10140/2021

seized and who in his statement under Section 67 of the NDPS Act

has named the present applicant to be the person from whom he had

procured the aforesaid contraband.

Counsel has further submitted that recently the Supreme Court

in the case of Toofan Singh v State of Tamil Nadu reported as 2020

SCC Online SC 882 has held that the offences under Section 53 of

the Act are the Police Officer within the meaning of Section 25 of the

Evidence Act and the confessional statement made to them would be

barred under Section 25 of the Evidence Act and cannot be looked

upon and consequently it is also held that the statement recorded

under Section 67 of the NDPS Act cannot be used as a confessional

statement in the trial of an offence under the Act.

Counsel has also submitted that in similar circumstances, this

Court in M.Cr.C. No.45017/2020 has already given the benefit of the

judgment rendered by the Supreme Court in the case of Toofan Singh

(supra) and has granted the bail to the said accused.

Counsel has submitted that in the present case it is an admitted

fact that the name of the applicant has been inserted in the charge

sheet only on the basis of a memo prepared under Section 67 of the

NDPS Act. Thus, it is submitted that the applicant be released on

bail.

Shri Manoj Soni, learned counsel appearing for the respondent

/ CBN has although opposed the prayer, however, has fairly stated

MCRC No.10140/2021

that apart from the memo prepared under Section 67 of the NDPS

Act, there is nothing to connect the applicant with the offence.

On due consideration of the submissions and on perusal of the

case diary including the judgment rendered by the Supreme Court as

also this Court in the case of Ram Niwas s/o Ambaramlal in M.Cr.C.

No.45017/2020, this Court finds that the applicant has made out a

case for grant of bail, as his name is mentioned only on the basis of

statement recorded under Section 67 of the NDPS Act.

Resultantly, the application filed by the applicant is allowed.

The applicant is directed to be released on bail upon furnishing a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with

one solvent surety of the like amount to the satisfaction of the trial

Court for his / her regular appearance, as and when directed. It is

also directed that the applicant will attend each hearing of his trial

before the Trial Court out of which this bail arises. Any default in

attendance in Court would result in cancellation of the bail granted

by this Court.

It is also observed that if the applicant is found in any of the

criminal activities, after his release on bail, then the present bail

order shall stand cancelled without further reference to this Court;

and the State / prosecution will be free to arrest the accused in the

present case also.

It is also directed that the applicant will abide by all the

MCRC No.10140/2021

conditions enumerated under Section 437 (3) Criminal Procedure

Code, 1973.

Certified copy as per rules.

(Subodh Abhyankar) Judge Pithawe RC

RAMESH CHANDRA PITHWE 2021.03.24 10:17:31 +05'30'