Mukesh Sakhwar vs Central Bureau Of Narcotics
2022 Latest Caselaw 1501 MP

                                  1
  IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
                              BEFORE
          HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                       ON THE 2nd OF FEBRUARY, 2022

                 MISC. CRIMINAL CASE No. 1458 of 2022

         Between:-
         MUKESH SAKHWAR S/O LT DHANIRAM
         SAKHWAR , AGED ABOUT 35 YEARS, NEAR
         CHAR BABA MANDIR IN FRONT OF GOVT.
         SCHOOL CHAR SHEHAR KA NAKA (MADHYA
         PRADESH)

                                                              .....PETITIONER
         (BY SHRI ANKUR MAHESHWARI, COUNSEL FOR THE
         APPLICANT )

         VS.

         CENTRAL BUREAU OF NARCOTICS CENTRAL
         BUREAU OF NARCOTICS GWALIOR GWALIOR
         (MADHYA PRADESH)

                                                           .....RESPONDENTS
         (BY SHRI PRAVEEN NEWASKAR, LEARNED ASSISTANT
         SOLICITOR GENERAL FOR THE RESPONDENT/CBN)
                     (Heard through Video Conferencing)
       This application coming on for hearing this day, the court passed the
following:
                                   ORDER

The applicant has filed this tenth bail application u/S.439 Cr.P.C for grant of bail.

Applicant has been arrested on 24.11.2019 by Police Station Central Bureau of Narcotics Gwalior, District Gwalior (M.P.) in connection with Crime No.4/2019 registered for offences under Sections 8/18 (b) of NDPS Act.

It is submitted by learned counsel for the applicant- Mukesh Sakhwar that this is the tenth bail application under Section 439 of Cr.P.C. Earlier applications were disposed of and last was rejected on merits on 23.11.2021. Thereafter, this tenth application has been filed under the changed circumstance that the applicant is in custody since last more than two years from the date 24.11.2019 and till date only one prosecution witness has been

examined and his cross-examination has already been completed on 02.12.2021. The prosecution witness PW/1 Sanjay who is I.O. has stated in his statement that the recovery was made from other co-accused. It is further submitted that other co-accused from whose custody psychotropic substance was recovered has already been granted bail. As the applicant is in

custody since last more than two years and till date only one prosecution witness has been examined, therefore, considering the custody period along with the fact that the main accused from whose custody the psychotropic substance has been recovered has already been granted bail, hence prayed for grant of bail to the applicant.

Learned Assistant Solicitor General for the respondent/CBN has vehemently opposed the application and has submitted that from the possession of present applicant around 2.9 kg of Opium has been recovered and in the light of Judgment passed by the Hon'ble Apex Court in the case of Union of India vs. Mohd. Nawaz Khan, AIR 2021 SC 4476, the present case is not a fit case for grant of bail as the seized psychotropic substance directly affects the society at large and there is bar under Section 37 of NDPS Act. It is also submitted by the counsel for the respondent that this is the tenth application. It is submitted that some of the earlier filed applications were considered on merits and were rejected and the last one was rejected on 23.11.2019. Therefore, there is no change in circumstance could be pointed out by the applicant. As there is no new ground made out to consider the present bail application, hence, prayed for its rejection.

Heard learned counsel for the parties at length through VC and perused the record available.

The applicant is in custody since 24.11.2019 and till date only one prosecution witness has been examined. It is true that some of the earlier filed applications under Section 439 of Cr.PC. has been rejected and last one was rejected on merits on 23.11.2021. Thereafter, the changed circumstance is cross-examination of PW/1 Sanjay. Therefore, considering the aforesaid

arguments advanced by the counsel for the applicant and the custody period along with the fact that the main accused of this case has already been granted bail, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned Magistrate.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4.The applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7.The applicant shall mark his appearance before the concerned Police Station once in a fortnight till conclusion of the trial.

Let a copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE Van

VANDANA VERMA 2022.02.02 16:09:53 -08'00'