Vishal Vishwakarma vs The State Of Madhya Pradesh
2022 Latest Caselaw 3388 MP

                                                                          1
                                         IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                        BEFORE
                                                          HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                                ON THE 10th OF MARCH, 2022

                                                      MISC. CRIMINAL CASE No. 12222 of 2022

                                              Between:-
                                              VISHAL VISHWAKARMA S/O SHRI RAMKUMAR
                                              VISHWAKARMA , AGED ABOUT 28 YEARS,
                                              OCCUPATION: PRIVATELY EMPLOYED VILLAGE
                                              MUNGWANI ROAD BHAIROGANJ (MADHYA
                                              PRADESH)

                                                                                                          .....APPLICANT
                                              (BY SHRI VISHAL R. DANIEL, ADVOCATE )

                                              AND

                                              THE STATE OF MADHYA PRADESH THROUGH
                                              POLICE STATION KOTWALI SEONI (MADHYA
                                              PRADESH)

                                                                                                       .....RESPONDENT
                                              (BY SHRI AJEET RAWAT, GOVT. ADVOCATE )

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

This is the second bail application under Section 439 of Cr.P.C filed by the

applicant for grant of bail. Earlier bail application was dismissed as withdrawn vide order dated 11.02.2022 passed in M.Cr.C No.5941/2022.

T he applicant has been arrested on 01.01.2022 by Police Station-Kotwali (Seoni) District Seoni in connection with Crime No.02/2022 for the offence punishable under Sections 8B, 21, 27, 29 of NDPS Act.

It is pointed out that the applicant has been falsely implicated in the case and he has not committed any offence in any manner. Applicant is in custody since 01.01.2022. Investigation is over in the matter. It is submitted that the allegations against the present applicant that he was found in possession of 11 grams of contraband article i.e. Smack (Heroine). It is argued that the small quantity as per the Central Government notification is 5 grams and commercial quantity is 250 grams. The quantity little over the small quantity is being recovered from the Signature Not Verified SAN

possession of the present applicant. There is total non compliance of Section 50 of Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY

the NDPS Act because joint notice was given to the applicant for search which is Date: 2022.03.14 18:22:01 IST

contrary to the judgment passed by the Hon'ble Supreme Court in the case of State of Rajasthan Vs. Parmanand and another reported in (2014) 5 SCC

345. It is submitted that the individual rights of each of the applicant/accused has suffered and there appears to be non compliance of Section 50 of NDPS Act. It is

submitted that other co-accused have already been enlarged on bail from which there is a recovery of 1 gram of Smack. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering the bail application. On these grounds, he prays for grant of bail.

Per contra, learned counsel appearing for the State has vehemently opposed the prayer stating that 11 grams of contraband article i.e. Smack has been recovered from the possession of the present applicant. The case of the applicant is totally different from the other co-accused as the other co-accused were found in possession of 1 gram of Smack and as per the memorandum of Section 27 of the other co-accused, they have purchased the Smack from the present applicant. The case of Parmanand (supra) is not applicable to the facts and circumstances of the present case as the same was on different footings. In the case of Parmanand (supra) there was not even a joint communication to the accused persons as their signatures were not reflected upon the notice of Section 50 of NDPS Act. In the present case, the signatures of all the three accused persons are being clearly reflected in the notice given under Section 50 and they have also responded to the same in writing by giving their consent. In such circumstances, the analogy of the Hon'ble Supreme Court in the case of Parmanand (supra) will not be applicable. The applicant is having a criminal history of two other cases and looking to the custody period of the applicant, no case for bail is made out. The quantity may be falling under the medium quantity but the fact remains that there is recovery from the present applicant. In such circumstances, no case for bail is made out. He has prayed for dismissal of the application.

Considering the over all facts and circumstances of the case, and also the fact that the case of Parmanand (supra) is not applicable to the present facts and Signature Not Verified SAN circumstances of the case, this Court does not deem it appropriate to allow this Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY application at this stage.

Date: 2022.03.14 18:22:01 IST

Accordingly, the application is dismissed.

(VISHAL MISHRA) JUDGE AM

Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.03.14 18:22:01 IST