Kapil Vishnoi vs The State Of Madhya Pradesh
2022 Latest Caselaw 12189 MP

                              - : 1 :-
     IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                              BEFORE
             HON'BLE SHRI JUSTICE VIVEK RUSIA

               ON THE 13th OF SEPTEMBER, 2022

         MISC. CRIMINAL CASE No. 41106 of 2022

 BETWEEN:-
 KAPIL VISHNOI S/O SHRI RAJARAM VISHNOI,
 AGED ABOUT 26 YEARS, OCCUPATION: LABOUR,
 R/O BADIAKHEDA, VISHNOIYAN, P.S. ADAMPUR,
 DISTIRCT HISAR (HARYANA)
                                                 .....APPLICANT
 (SHRI ABHAY SARASWAT, LEARNED COUNSEL FOR THE
 APPLICANT)

 AND
 THE STATE OF MADHYA PRADESH STATION
 HOUSE OFFICER THROUGH POLICE STATION
 BHANPURA, DISTRICT MANDSAUR (MADHYA
 PRADESH)
                                               .....RESPONDENT
 (SHRI NITIN SINGH BHATI LEARNED GOVT. ADVOCATE FOR
 RESOPNDENT/STATE .)
      This application coming on for hearing on this day, the
court passed the following:

                              ORDER

This is a 3rd bail application filed by the applicant under Section 439 of the Cr.P.C.,1973 in connection with Crime No. 417/2018 registered at Police Station- Bhanpura, District- Mandsaur, for the commission of the offence under sections 8/15 Narcotics Drugs and Psychotropic Substance Act.

Second bail application has already been dismissed vide order dated 13.09.2021 after considering the merits of the case.

Learned counsel for the applicant submits that now two

- : 2 :-

witnesses have been examined before the trial court and they are not supporting the case of the prosecution. Thereafter there is no progress in the trial. He further submits that one more case was registered against the applicant under Section 8/15 and 8/15 read with 29 of NDPS Act against the applicant in which he has been acquitted vide judgment dated 30.04.2022. He is in jail since 30.10.2018. Hence, he may kindly be released on bail.

Learned Government Advocate opposes the bail application by submitting that the applicant was found driving the truck in which 1 Quintal, 21 kg of poppy straw was found. He is a resident of Hisar (Haryana). Earlier, he was implicated on memorandum statement but he was also in the truck and said to have been fled away from the spot therefore, if he is released on bail he would repeat the offence and there is every possibility to repeat the offence.

Heard.

The quantity of the contraband is more than commercial quantity in which minimum sentence prescribed is 10 years R.I. The applicant has not raised any ground under Section 37 of NDPS Act.

In view of the above, I do not find any change in circumstances in this case. Hence, at this stage no case is made out for grant of bail to the applicant. Accordingly, M.Cr.C. is hereby dismissed.

(VIVEK RUSIA) JUDGE Divyansh/-

Digitally signed by PRAVEEN NAYAK Date: 2022.09.14 19:21:17 +05'30'