Nathulal vs C.B.N. Garoth
2022 Latest Caselaw 5630 MP

                                                                           1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT INDORE
                                                                       BEFORE
                                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                                                ON THE 19th OF APRIL, 2022

                                                     MISC. CRIMINAL CASE No. 16491 of 2022

                                              Between:-
                                              NATHULAL S/O PURALALJI MEHAR , AGED ABOUT
                                              60 YEARS,
                                              OCCUPATION: LABOR
                                              R/O: VILLAGE KARAWAN TEHSIL PACHAPAHADA,
                                              DISTRICT JHALAWAD (RAJASTHAN)

                                                                                                      .....APPLICANT
                                              (BY SHRI Nilesh Dave Adv.)

                                              AND

                                              C.B.N. GAROTH MANDSAUR (MADHYA PRADESH)

                                                                                                 .....NON APPLICANT
                                              (BY SHRI Manoj Kumar Soni Adv.)

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

1/ This is the second application under Section 439 of Cr.P.C. filed on behalf of the applicant for grant of bail. The applicant is implicated in connection

with Crime No.02/2021 registered at Police Station-C.B.N. Garoth, District- Mandsaur M.P. for offence punishable under Sections 8/20 and 29 of NDPS Act. The applicant is in custody since 29.09.2021.

2/ As per prosecution story, on 28.09.2021, Central Narcotics Bureau received discreet information from the informer regarding illegal transportation of contraband. Acting upon the said information, CBN team arranged a trap and reached on the spot and intercepted co-accused Ramjeevan. Thereafter, CBN searched and found 21.50 Kgs. Ganja from the possession of the co-accused Rajeevan and on the basis of the statement of co-accused, the present applicant was made accused in the present case and he was arrested on 29.09.2021.

3/ Learned counsel for the applicant contended that the applicant is Signature Not Verified SAN innocent and he has been falsely implicated in this matter. He has been made accused only on the basis of statement of co-accused Ramjeevan under Section 67 Digitally signed by TRILOK SINGH SAVNER Date: 2022.04.20 19:07:59 IST

of the NPDS Act but nothing has been recovered from his possession. Applicant is a 60 years old labour class person and sole bread earner of his family and suffering from various diseases. Final conclusion of trial will take a long sufficient time. Hence under the above circumstances, he should be released on bail. Learned

counsel for the applicant has also placed reliance upon the judgment of the Apex Court in the case of Toofan Singh Vs. State of Tamil Nadu reported in 2021 (2) SCC (Cri) 246 and the judgment of the coordinate bench of this Court in the case of Bhagirath Vs. State of M.P. passed in M.Cr.C. No.2102/2022 vide order dated 2.3.2022 and in the case of Shyam Singh Vs. Union of India passed in M.Cr.C. No.64164/2021 vide order dated 11.3.2022.

4/ Per contra, learned counsel for respondent opposes the bail application and prays for its rejection by submitting that applicant's earlier bail application was rejected on merit vide order dated 22.12.2021 and after passing of the earlier order there are no material change in the circumstances, therefore, the applicant does not deserve for bail.

5/ Perused the case-diary as well as the impugned order passed by the trial court.

6/ After considering the arguments advanced by learned counsel for the parties it appears that more than commercial quantity of contraband Ganja has been recovered from the possession of co-accused Ramjeevan. Apart from the memorandum under Section 67 of the NDPS Act other evidence is also available against the present applicant. Considering all the facts and circumstances of the case and judgment of the Apex Court in the case of Toofan Singh (supra), applicant's earlier bail application has already been dismissed on merit vide order dated 22.12.2021 and there is no material change in the circumstances in which the applicant deserves for bail.

7/ Hence this repeated bail application is hereby dismissed. C.C. as per rules.

Signature Not Verified SAN

(ANIL VERMA) Digitally signed by TRILOK SINGH SAVNER JUDGE Date: 2022.04.20 19:07:59 IST trilok

Signature Not Verified SAN

Digitally signed by TRILOK SINGH SAVNER Date: 2022.04.20 19:07:59 IST