Yashwant vs The State Of M.P.
2022 Latest Caselaw 5570 MP

                                                                                 1
                                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                                        AT INDORE
                                                                              BEFORE
                                                             HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                        ON THE 18th OF APRIL, 2022

                                                             MISC. CRIMINAL CASE No. 28266 of 2021

                                                     Between:-
                                                     YASHWANT S/O PRABHULAL , AGED ABOUT 32
                                                     YEAR S , OCCUPATION: AGRICULTURIST GRAM-
                                                     MOYAKHEDA (MADHYA PRADESH)

                                                                                                                ....APPLICANT
                                                     (BY SHRI ANIL OJHA-ADVOCATE)

                                                     AND

                                                     THE STATE OF M.P. STATION HOUSER OFFICERS
                                                     THROUGH P.S. DALODA (MADHYA PRADESH)

                                                                                                             .....RESPONDENTS
                                                     (BY SHRI HEMANT SHARMA-GOVT.ADVOCATE)

                                                  Th is application coming on for orders this day, the court passed the
                                            following:
                                                                                  ORDER

This is repeat(second) application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.181/2019 registered at Police

Station - Daloda, district Mandsaur (M.P.) under Sections 8/15, 25 and 29 of NDPS Act.

The earlier application i.e. M.Cr.C.No. 11448/2021 was dismissed as withdrawn vide order dated 15.03.2021.

Counsel for the applicant submits that statement of seizure witnesses have been recorded. They have not supported the prosecution case. It is further submitted that applicant was not present at the spot. In this regard private complaint was also filed by sister-in-law of the present applicant making allegation against the police officers. Counsel further submits that provisions of section 50(1) of NDPS Act have not been followed. In support of his submission, he has placed reliance on the judgment passed by apex Court in the matter of S.K.Raju Vs. State

Signature Not VerifiedDigitally signed by of West Bengal, (2018) 9 SCC 708 and also on certain orders passed by the Co-

  SAN                 MUKTA
                      CHANDRASHEKHA
                      R KOUSHAL
                      Date: 2022.04.18
                      17:55:43 IST          ordinate bench of this Court granting bail to the applicant.

Counsel for the State opposes the prayer for grant of bail and submits that

allegation against the present applicant is that from tractor and trolly, 6 quintal Poppystraw has been seized which is more than commercial quantity which is prescribed 50 kg. under the Act. It is further submitted that aforesaid judgment cited by learned counsel for applicant would not apply in the present case as it was

not a case of personal search.

Considering the aforesaid submission and taking into consideration the fact that huge quantity of Poppystraw is alleged to have been seized from the possession of applicant and this is not a case of personal search, therefore, the aforesaid judgment relied upon by learned counsel for applicant would not apply in the present case. In view of aforesaid, I am not inclined to grant bail to the present applicant. M.Cr.C. is accordingly dismissed.

However, since the applicant is in jail since 18.12.2019, it is directed that trial court shall expedite the trial.

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified VerifiedDigitally Digitally signed by SAN MUKTA CHANDRASHEKHA R KOUSHAL Date: 2022.04.18 17:55:43 IST