Mukesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 64 MP

                                                                        1                           MCRC-49645-2021
                                            The High Court Of Madhya Pradesh
                                                    MCRC No. 49645 of 2021
                                                         (MUKESH Vs THE STATE OF MADHYA PRADESH)

                                    Jabalpur, Dated : 03-01-2022
                                          Ms. Shrishti Kashyap, counsel for the applicant.

                                          Shri Prakash Gupta, Panel Lawyer for respondent-State.

Heard.

This is the first application filed under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant. The applicant has been arrested in connection with Crime No.183/2021

registered at Police Station Motinagar District Sagar for offence punishable under Section 8/20-B of N.D.P.S.Act.

The applicant is in judicial custody since 10.6.2021. Learned counsel for the applicant submits that there is no compliance of Section 50 of N.D.P.S. Act and under such a circumstance considering the period of custody of the applicant his bail application should be allowed. Learned counsel for the applicant placed reliance on a judgment in the case of State of Rajasthan Vs. Parmanand and another reported in 2014 (5) SCC 345.

Learned counsel for the respondent-State on the other hand opposed the bail application and submits that provision of Section 50 of N.D.P.S. Act is not applicable in the present case because the quantity of contraband substance is 75 kg, which has not been seized from the body of the present applicant and therefore, the applicant is not entitled for grant of bail.

Learned counsel for the applicant mainly relying upon a case of Supreme Court in the matter of Parmanand and another (Supra) that if there is no compliance of Section 50 of N.D.P.S. is vitiated the prosecution.

However, considering the submissions made by the parties, perusal of record and also the case of Supreme Court in which the applicant is relied upon unless Investigation is examined, it is difficult to reach the conclusion Signature Not Verified SAN whether Section 50 of N.D.P.S. Act is complied with or not.

Digitally signed by KRISHAN KUMAR CHOUKSEY Date: 2022.01.07 11:01:33 IST 2 MCRC-49645-2021 The case on which the applicant is relied is a case of after conducting the trail and on the basis of evidence recorded by the trial Court, it was gathered that there was no sufficient compliance of Section 50 of N.D.P.S. and in stead of two options three options have been given by the officer made a search to the accused persons.

Thus, at this stage, I am not inclined to consider the bail application only on the basis of judgment of the Supreme Court, but liberty is granted to the applicant to move fresh application after recording the statement of Investigation officer.

Application is accordingly dismissed.

(SANJAY DWIVEDI) JUDGE

kkc

Signature Not Verified SAN

Digitally signed by KRISHAN KUMAR CHOUKSEY Date: 2022.01.07 11:01:33 IST