Mrigendra Singh Gond @ Mani vs The State Of M.P.
2021 Latest Caselaw 7640 MP

                                     1                          MCRC-28019-2021
        The High Court Of Madhya Pradesh
                MCRC No. 28019 of 2021
                (MRIGENDRA SINGH GOND @ MANI Vs THE STATE OF M.P.)


Jabalpur, Dated : 22-11-2021
      Shri Manish Datt, learned Senior counsel with Shri Mayak Sharma,

learned counsel for the applicant.
      Shri Akshit Saigal, learned panel lawyer for the respondent/State.

This first application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of bail to applicant Mrigendra

Singh [email protected] Mani, i n connection with Crime No.404/2021 for the offences punishable under Sections 21 and 22 of the NDPS Act read with Section 5/13 of the M.P. Drug Control Act registered at Police Station Kotwali, district Shahdol.

T h e applicant is in judicial custody since 18.05.2021 for the aforementioned case. The case of the prosecution is that 500 tablets of Alprazolam, 300 tablets of Nitrazepam and 60 bottles of Onrex cough syrup have been seized from the possession of applicant and other co-accused persons.

Besides this, learned counsel for the applicant further submits the provisions of Section 50 of the N.D.P.S. Act which is mandatory has not been complied with by the police. He submits that it was a composite notice under Section 50 that was given to all the accused persons in which the signatures were taken.

In a similar case, this Court vide order dated 02.03.2021 in M.Cr.C.No.98/2021 (Dharmendra Tiwari @ Golu Tiwar Vs. The State of Madhya Pradesh) after relying upon the judgment of the Supreme Court in the case of State of Rajasthan Vs. Parmanand and another, (2014) 5 SCC 345 has held that the consent of the accused persons to be searched by the Investigating Officer and not by the Gazetted Officer, must be expressed in the said notice by each accused and in the absence of such expressed consent, their consent cannot be inferred.

2 MCRC-28019-2021 Under the circumstances, the application is allowed. It is directed that the applicant herein shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court.

Certified copy as per rules.

                                                            (NANDITA DUBEY)
                                                                JUDGE
SMT. GEETHA NAIR
2021.11.23
   gn      11:56:40 +05'30'