Vikram Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 16612 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                                             ON THE 14 th OF DECEMBER, 2022
                                         MISC. CRIMINAL CASE No. 52653 of 2022

                           BETWEEN:-
                           VIKRAM SINGH S/O GANGA SINGH, AGED ABOUT 38
                           Y E A R S , OCCUPATION: AGRICULTURIST  R/O
                           CHANDWASA KA KHEDA PS SHAMGARH MANDSAUR
                           (MADHYA PRADESH)

                                                                                          .....APPLICANT
                           (BY SHRI YASHRAJ GUPTA, ADVOCATE )

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION BHANPURA,
                           DISTRICT MANDSAUR (MADHYA PRADESH)

                                                                             .....NON-APPLICANT/STATE
                           (BY SHRI RAJESH JOSHI, GOVT. ADVOCATE)

                                 This application coming on for orders this day, Hon'ble Shri Justice
                           Satyendra Kumar Singh passed the following:
                                                              ORDER

Heard with the aid of case diary.

This is second application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 15.04.2021 in connection with Crime No.151/2021 registered at Police Station Bhanpura, District Mandsaur (M.P.) for commission of offence punishable under Section 8/18 of NDPS Act.

Applicant's first application filed under Section 439 of Cr.P.C. was dismissed as withdrawn vide order dated 05.07.2022 passed by this Court in MCRC No.50983/2021.

Signature Not Verified Signed by: VIBHA PACHORI Signing time: 12/15/2022 10:29:00 AM

Prosecution story, in brief is that on 15.04.2021, applicant was found carrying 5 kgs of Opium on a motorcycle without having any valid license.

Counsel for the applicant submits that nothing was seized from the possession of the applicant. He was not the owner of the vehicle. Mandatory provisions of Section 50 of NDPS Act were not complied with. Applicant is in custody for last about two years. Trial will take considerable long time. Therefore, he be enlarged on bail. Learned counsel for the applicant has placed reliance on the judgment of Hon'ble Apex Court in the case of State of Rajasthan VS. Parmanand and Another, 2014 CRI. L. J. 1756.

Learned Govt. Advocate for the non-applicant/State has opposed the

application and submits that commercial quantity of Opium has been seized from the possession of the applicant. As the contraband was placed from the bag attached with motorcycle, therefore, provisions of Section 50 of NDPS Act do not attract the matter. Hence, considering the provisions of Section 37 of NDPS Act, applicant is not entitled for bail.

Having considered the rival submissions, material produced on record and also the fact that the contraband was found in the bag which is attached with the motorcycle and the same was carrying by the applicant. Considering the quantity of the contraband and over all material produced on record,this Court is of the considered opinion that at this stage no case for grant of bail to the applicant is made out. Accordingly, this repeat bail application stands dismissed.

(SATYENDRA KUMAR SINGH) JUDGE SJ Signature Not Verified Signed by: VIBHA PACHORI Signing time: 12/15/2022 10:29:00 AM