Inder Singh vs Union Of India
2021 Latest Caselaw 2018 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                       M.Cr.C. No.5596/2021
                  (Inder Singh Vs. Union of India)
                                                                  -1-
Indore, dated 24/05/2021

      Heard through Video Conferencing.
      Mr. Abhay Saraswat, learned counsel for the applicant.
      Mr. Manoj Kumar Soni, learned counsel for the respondent.

Heard. Perused the case diary.

This is first application under Section 439 of Cr.P.C. for grant of bail. Applicant - Inder Singh implicated in Crime No.03/2014 registered at Police Station - CBN Neemuch, District -Neemuch for the offence punishable under Sections 8/18(B), 29 of NDPS Act and he is in custody since 03.11.2020.

As per prosecution story, 7.350 kgs. opium was seized from one Santosh. Santosh on being interrogated disclosed the name of present applicant and subsequently, the present applicant was taken into custody and his statements under Section 67 of NDPS Act were recorded.

Learned counsel has placed reliance upon a judgment of the Apex Court delivered in the case of Toofan Singh Vs. State of Tamil Nadu, 2020 SCC On Line SC 882, as per which the officers of the Narcotics Department, who record the statements under Section 67 of NDPS Act exercise same powers as police officers and such statements are within the ambit of "inadmissible" document as these shall be considered as confessional statements recorded by the police officers. Learned counsel submits that there is no other evidence against the present applicant.

Learned counsel for the Narcotics Department was also heard, who submits that officers of the narcotics team, in fact, was assaulted by the accused persons, however, he fairly admits that for HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

M.Cr.C. No.5596/2021 (Inder Singh Vs. Union of India)

the aforesaid case of assault, separate charge-sheet has been filed and in the aforesaid charge-sheet, there is no identification parade document showing that the present applicant was amongst the accused persons, who have assaulted the narcotics team.

Considered.

The statements recorded under Section 164 of Cr.P.C. were perused.

In view of the aforesaid citation of the Apex Court of Toofan Singh (supra), and others submissions as put-forth by the learned counsel for the applicant, but without commenting upon the merits of the case, this bail application is allowed and it is directed that applicant - Inder Singh shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety to the satisfaction of the concerned Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that the applicant shall abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

A copy of this order be sent to the concerned Court for its compliance.

With the aforesaid, present application stands allowed and disposed of.

Certified copy as per rules.

(SHAILENDRA SHUKLA) V. JUDGE N.R.

Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.05.25 14:03:19 +05'30'