Laxmansingh vs Union Of India
2021 Latest Caselaw 6441 MP

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          THE HIGH COURT OF MADHYA PRADESH
                     BENCH AT INDORE
         (S.B.: HON'BLE Mr. JUSTICE VIVEK RUSIA)
                             M.Cr.C. No.28880/2021
Applicant:-                 Laxmansingh S/o Parwatsingh
                            Age-32 years, Occupation-Nil,
                            R/o-Gram Khankhri,Tehsil-Shamgarh,
                            District-Mandsaur (M.P.)
                            Versus
Respondent:-                State of M.P. through P.S. Narcotics Control Bureau,
                            Zonal Unit, Indore, (M.P.)
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For Applicant (s)                :       Mr. Rishi Raj Trivedi, learned counsel
For Respondent (s)               :       Mr. Manoj Kumar Soni, learned counsel
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                                        ORDER

Indore, Date: 05.10.2021 :

This is the third repeat bail application filed under Section 439, Cr.P.C.,1973 for grant of bail in connection with Crime No.03/2016 registered at Police-Station- Central Narcotics Bureau Kota, (Rajasthan) for the commission of offence under Sections 8/21-C, 8/22-C, 8/29 of N.D.P.S. Act. The applicant is in custody since 29.08.2019 and there is no progress in the trial.

2. The prosecution case, in brief, is that on 20/09/2016 the officials of NCB received secret information. A team was constituted to raid the house Chandrasekhar @Sonu Patidar , while observing the due process, the rented accommodation of Chandrasekhar @Sonu Patidar was searched, from where 1 kg. heroine and 13.6 kg. alprazolam was found. Chandrasekhar @Sonu was taken into custody and interrogated. On interrogation, he revealed the name of petitioner Lakshman Singh (present applicant) accordingly he was called to appear on 29/08/2019. The officials of NCB recorded his statements in which he admitted his association with [email protected] in the illegal trafficking of contraband. He has further revealed that co-accused Sitaram was also involved with them, therefore, he was also called, his statement was also recorded by the officials. He has also admitted his involvement in the

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illegal trade of contraband with the applicant and co-accused Chandrasekhar @ Sonu. Upon completion of the investigation, NCB filed the Final Report (Chalan) before the special court against three accused.

3. Learned counsel for the applicant submits that the first bail application of the applicant was dismissed vide order dated 21.01.2020 passed in M.Cr.C. No.52800/2019 when the issue in respect of impact of statement recorded under section 67 of the NDPS by the officials of NCB as a confessional statement was pending before the large bench. Now in the case of Toofan Singh Vs. State of Tamil Nadu reported in 2020 SCC online SC 882 Hon'ble the Apex Court has held that the statement made by the co- accused as also the confessional statement of the accused is not admissible and cannot be taken into account to convict an accused under the NDPS Act. The coordinate bench of this Court in Ramnivas V/s State of M.P.( M.Cr.C. No.45017/2020) has held that law laid down in the case of Toofan Singh Vs. State of Tamil Nadu (supra) applies to the pending criminal trial also. In the present case, the applicant has been made accused based on the statement of Chandrasekhar @Sonu Patidar as well as his confessional statement. [email protected] Sonu is dead now, therefore, even though that evidence is also not available with the police. The applicant is in custody since 29.08.2019 with no criminal past. He is a permanent resident of Mandsaur therefore, there is no question of leaving from the place of trial. He will regularly attend the trial.

4. Learned counsel appearing for the respondent/NCB opposes the bail application however, he is not disputing the law laid down by the Apex Court in the case of Toofan Singh Vs. State of Tamil Nadu (Supra) as well as the judgment passed by a coordinate bench of this Court in Ramnivas (supra). Learned counsel submits that in the case in hand except for the memo statement of the co-accused nothing incriminating material has been recovered from the possession of the

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present applicant. However, the offence is serious in nature and if he is released on bail then he will repeat the offence .

5. In view of the above development, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant-Laxmansingh is directed to be released on bail on his furnishing a personal bond in the sum of Rs.3,00,000/- (Rupees Three Lacs Only) with solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during the trial with a condition that he shall remain present before the court concerned during the trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

6. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

7. Before releasing the applicant from custody, the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.

Certified copy as per rules.

( VIVEK RUSIA ) JUDGE Ajit

AJIT Digitally signed by AJIT KAMALASANAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE,

KAMALA postalCode=452001, st=Madhya Pradesh, 2.5.4.20=156c9cedca1b74d671db9f220a5e 3ed6cba241effad892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5 D61A1EE901C09EF29,

SANAN serialNumber=7F0BEE2D78BD57DA058F32 47441C87E7E0817FB61F5E2ABCAEE63CAA A7B3B9FF, cn=AJIT KAMALASANAN Date: 2021.10.07 15:15:53 +05'30'