Shahjad Khan @ Shahshad Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 1486 MP

                                  1
  IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                BEFORE
                    HON'BLE SMT. JUSTICE ANJULI PALO
                        ON THE 2nd OF FEBRUARY, 2022

              MISC. CRIMINAL CASE No. 60602 of 2021

        Between:-
        SHAHJAD KHAN @ SHAHSHAD KHAN S/O
        MAQBOOL KHAN , AGED ABOUT 41 YEARS,
        OCCUPATION:     BUSINESS      VILLAGE
        DRAMANDGANJ, P.O.HALIA, DIST.MIRZAPUR
        (UTTAR PRADESH)

                                                             .....PETITIONER
        (BY SHRI AKHILESH SINGH, ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        S.H.O. P.S. KOTWALI P.S. KOTWALI (MADHYA
        PRADESH)

                                                           .....RESPONDENT
        (BY SHRI D.K.KHARE, PANEL LAWYER )
                     (Heard through Video Conferencing)
      This application is coming on for admission this day, the court
passed the following:
                                   ORDER

This is first bail application under Section 439 of the Cr.P.C. filed on

behalf of the applicant who is in custody since 09.03.2021 in connection with Crime No. 169/2021 registered at Police Station City Kotwali, District Rewa (MP) for offence punishable under Sections 8, 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 5/13 of the MP Drug Control Act.

As per the case of the prosecution, the police intercepted Bolero Car bearing registration No. UP-63-AB-2991, and allegedly seized 330 bottles of the contraband Onrex Cough Syrup from the possession of the applicant and co-accused persons.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He has no nexus with the alleged crime and does not have any knowledge regarding the incriminating articles seized by the

police. He is in custody since 09.03.2021. Learned counsel for the applicant has relied on the judgment rendered by the Supreme Court in case of State of Punjab vs. Balbir Singh; (1994) 3 SCC 299. Hence, it is prayed that the applicant be also released on bail.

Learned Panel Lawyer for the State has opposed the application. The Supreme Court in the case of Gurudev Singh Vs. State of

Punjab (Criminal Appeal No. 375/2021) has observed that in a murder case, the accused commits murder of one or two persons, while those persons who are dealing in narcotic drugs are instruments in causing death or in inflicting death blow to number of innocent young victims who are vulnerable; it cause deleterious effects and deadly impact o n the society; they are hazard to the society. Organized activities of the underworld and the clandestine smuggling of narcotic drugs and psychotropic substances into this country and illegal trafficking in such drugs and substances shall lay to drug addiction among a sizeable section of the public, particularly the adolescents and students of both sexes and the menace has assumed serious and alarming proportions in the recent years.

In view of the observations made by the Supreme Court and looking to the increasing number of such cases in society and its adverse effect on the young generation now-a-days, I do not find it a fit case to release the applicant on bail.

The application is hereby dismissed.

(SMT. ANJULI PALO) JUDGE vidya Digitally signed by SREEVIDYA Date: 2022.02.04 18:06:00 +05'30'