Firoz vs The State Of Madhya Pradesh
2023 Latest Caselaw 6708 MP

                                                 1
               IN         THE     HIGH COURT OF MADHYA PRADESH
                                        AT INDORE
                                             BEFORE
                                 HON'BLE SHRI JUSTICE ANIL VERMA
                                     ON THE 25 th OF APRIL, 2023
                                MISC. CRIMINAL CASE No. 13344 of 2023

              BETWEEN:-
              FIROZ S/O NISAR MUSALMAN,
              AGED ABOUT 30 YEARS,
              OCCUPATION: LABOUR
              R/O: NANA SAHEB MOHALLA,               JAORA DISTRICT
              RATLAM (MADHYA PRADESH)

                                                                              .....APPLICANT
              (BY MS. ARCHANA MAHESHWARI - ADVOCATE)

              AND
              THE STATE OF MADHYA PRADESH
              STATION HOUSE OFFICER THROUGH POLICE STATION
              - JAORA CITY, DISTRICT RATLAM (MADHYA PRADESH)

                                                                         .....NON APPLICANT
              (BY SHRI PRASHANT JAIN - GA)

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

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in jail since 13.1.2023 in connection with Crime No.22/2023 registered at P.S. - Jaora City, District Ratlam (M.P.) for commission of offence punishable under Section 8/21, 25, 29 of NDPS Act.

As per the prosecution story, on 13.01.2023 police received a discreet information from the informant regarding the illegal transportation of Signature Not Verified contraband. Acting upon said information, police party reached on the spot and Signed by: TRILOK SINGH SAVNER Signing time: 26-Apr-23 12:18:21 PM intercepted the motorcycle bearing registration No.MP-43-EG-3234. Present

applicant Firoz was driving the motorcycle at the time of incident, after seeing the police he tried to flee away from the spot. On search by police, 100 grams brown sugar has been recovered from the pocket of the present applicant Firoz. Accordingly, a case has been registered.

Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. He is in custody since 13.1.2023. Seized quantity of contraband is below than the commercial quantity. Co-accused Yasmin and Aashiq Patel have been enlarged on bail vide order dated 6.2.2023 and 17.2.2023 passed in MCRC No.5926/2023 and MCRC No.7333/2023. Applicant is permanent resident of District Ratlam.

Earlier no case has been registered against him under the NDPS Act. Hence, he prays that applicant be released on bail.

Per-contra, learned GA for respondent/State opposes the bail application and prays for its rejection by submitting that 7 criminal antecedents have been registered against the present applicant.

In reply, counsel for the applicant submits that applicant has filed copy of the judgments in the cases registered against him and he has been acquitted in all the cases.

Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that seized quantity of contraband is below than the commercial quantity, therefore, no bar under Section 37 of the NDPS Act is

Signature Notattracted Verified in the instant case, co-accused Yasmin and Aashiq Patel have been Signed by: TRILOK SINGH SAVNER enlarged on bail by this Court in the similar circumstances and final conclusion Signing time: 26-Apr-23 12:18:21 PM

of trial will take considerable long time, I deem it proper to release the applicant on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,50,000/- (Rs. One Lakh Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

C.C. as per rules.

(ANIL VERMA) JUDGE trilok

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 26-Apr-23 12:18:21 PM