Bajrang Lal Sharma vs Central Bureau Of Narcotics
2022 Latest Caselaw 16133 MP

                                                              1
                            IN      THE         HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                                ON THE 6 th OF DECEMBER, 2022
                                   MISCELLANEOUS CRIMINAL CASE No. 56943 of 2022

                           BETWEEN:-
                           BAJRANG LAL SHARMA S/O SHRI OMPRAKASH
                           SHARMA,     AGED   34   YEARS, OCCUPATION:
                           AGRICULTURE RESIDENT OF MURLIPURA JAIPUR
                           (RAJASTHAN)

                                                                                            .....APPLICANT
                           (BY SHRI SUSHIL GOSWAMI - ADVOCATE)

                           AND
                           CENTRAL NARCOTICS BUREAU GWALIOR (MADHYA
                           PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI PRAVEEN NEWASKAR - ADVOCATE)

                                  This application coming on for hearing this day, the court passed the
                           following:
                                                               ORDER

Case diary is available.

This third repeat application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 14/11/2021 in connection with Crime No.06/2021 registered at Police Station Central Narcotics Bureau, Gwalior District Gwalior for offence under Section 8/20 of the NDPS Act.

Earlier the second application was filed by the applicant which was registered as M.Cr.C.No.41761 of 2022 and by order dated 6.11.2022, the

Signature Not Verified applicant was granted bail on the ground of delay in trial with rider that "Before Signed by: PAWAN KUMAR Signing time: 06-12-2022 06:58:06 PM

releasing the applicant on bail, the Court below shall verify as to whether any witness had appeared today (i.e. on 06.09.2022) or not. If it is found that today, the witnesses have appeared, then this order shall automatically lose its effect."

It is submitted that on 6.9.2022, Damodar Singh (PW/1) was examined, therefore, the applicant was not released on bail. By referring to the order-sheets of the trial Court, it is submitted that on 23.9.2022, the summons issued against the witnesses were not returned back either unserved or served and accordingly, fresh summons were issued and the case was fixed for 12.10.2022. On 12.10.2022, Islam Khan (PW/2) was examined and no other witness was present and the summon issued to Sanjay Kumar Arya was neither received

back served or unserved. Accordingly, fresh summon was issued against Sanjay Kumar Arya and the case was fixed for 9.11.2022. On 9.11.2022, an application was filed that since Sanjay Kumar Arya is on leave, therefore, he is unable to appear and accordingly, a fresh date was sought. Accordingly, Central Narcotics Control Bureau was directed to keep his witness present on the next date of hearing i.e. on 29.11.2022. It is submitted by Shri Goswami that even on 29.11.2022, none appeared for the prosecution (Although order-sheet of 29.11.2022 has not been filed). It is submitted that according to the prosecution case, 6.564 KG of Ganja was seized from the possession of the applicant whereas 6.102 Gram of Ganja was seized from the possession of the co-accused while they were waiting on a railway station for boarding the train for Jaipur. It is submitted that the applicant was arrested on 14.11.2021 and the first witness was examined only on 6.9.2022 and in spite of order passed by this Court in M.Cr.C.No.41761 of 2022, the respondents are not showing any interest in keeping their witnesses present and only one witness i.e. Islam Khan Signature Not Verified Signed by: PAWAN KUMAR Signing time: 06-12-2022 06:58:06 PM

(PW/2) was examined on 12.10.2022. It is submitted that the applicant has no criminal history and the trial is likely to take sufficiently long time.

Per contra, the application is vehemently opposed by the counsel for the respondent. It is fairly conceded by Shri Newaskar that the department has miserably failed in keeping its prosecution witness Sanjay Kumar Arya present before the Court in spite of undertaking given by the NCB itself. It is further submitted that as per case diary, the applicant has no criminal history.

Considering the submissions made by counsel for the parties as well as period of detention coupled with the conduct of NCB in not producing its witnesses, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum o f Rs.1,00,000/- (Rupees One Lac Only) with two local sureties in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. AHLUWALIA) JUDGE

pwn*

Signature Not Verified Signed by: PAWAN KUMAR Signing time: 06-12-2022 06:58:06 PM