Mohammad Daud vs The State Of Madhya Pradesh
2023 Latest Caselaw 10186 MP

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                           IN        THE    HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                                 ON THE 5 th OF JULY, 2023
                                           MISC. CRIMINAL CASE No. 8614 of 2023

                          BETWEEN:-
                          MOHAMMAD DAUD S/O BABLU @ VAKEEL AHMAD,
                          AGED ABOUT 29 YEARS, OCCUPATION: LABOUR R/O:
                          BEHIND BADA GHODA, RAVIDASPURA CHATRIBAGH,
                          INDORE (MADHYA PRADESH)

                                                                                         .....APPLICANT
                          (BY SHRI NOOR AHMED SHEIKH - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH
                          STATION HOUSE OFFICER THROUGH POLICE STATION
                          CHANDAN     NAGAR,   INDORE DISTRICT INDORE
                          (MADHYA PRADESH)

                                                                                   .....NON APPLICANT
                          (BY SHRI SAGAR MULEY - PANEL LAWYER)

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

                                Learned counsel for the applicant submitted that he has cured all the
                          defects.
                                As per the Registry report all the defects have been cured, therefore, IA
                          No.3592 of 2023 for ignoring the defects is hereby disposed of being rendered
                          infructuous.
                                Also heard on IA No.9733 of 2023, which is an application for taking
                          documents on record.
                                Documents may be relevant for proper adjudication of this application,
Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 06-Jul-23
10:41:18 AM
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                          therefore, IA No.9733 of 2023 is allowed and the documents are taken on
                          record.
                                                               ORDER

1. This is the 4th application filed by the applicant under Section 439 of Cr.P.C. for grant of regular bail relating to Crime No.445/2020 registered at Police Station Chandan Nagar, Indore for the offence under Section 8/22 of NDPS Act.

2. As per the prosecution story, on 21.6.2020 police got discreet information from the informant regarding the illegal transportation of Alprazolam Tablets. Acting upon the said information police party intercepted the motorcycle bearing registration No.MP09-VT-2632 and MP13-JE-9212 and

recovered 1200 tablets IP 0.5 mg of Alprazolam from the possession of the present applicant and 3300 tablets IP 0.5 mg of Alprazolam from the possession of other co-accused persons. Thus, total 4500 Alprazolam Tablets IP 0.5 mg Alprasafe were recovered from the possession of the present applicant and co-accused persons. Accordingly offence has been registered.

3. Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. He is in custody since 21.6.2020 and already suffered jail incarceration for more than 3 years. Co- accused Irfan has been enlarged on bail in the similar circumstances. Mandatory provisions of Section 50 of the NDPS Act has not been complied with. 8 prosecution witnesses have been examined before the trial Court, but final conclusion of trial will take considerable long time. Applicant is permanent resident of District Indore. Hence, he prays that applicant be released on bail.

4. Counsel for the applicant has also placed reliance upon the judgment dated 28.1.2020 passed by the Supreme Court in the case of Sujit Tiwari Vs. Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 06-Jul-23 10:41:18 AM

State of Gujarat and others in Criminal Appeal No.1897 of 2019. the judgment dated 29.10.1998 passed by the Principal Seat Jabalpur (M.P.) in CRA No.508/1998 in the case of Anil Kumar Ram Avtar Gupta Vs. State of M.P. and the order dated 22.7.2021 passed by the High Court of Kerala in Bail Appln. Nos.4002 and 4033 of 2021 in the case of Sarath and others Vs. State of Kerala.

5. Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection by submitting that 6 more criminal antecedents have been found against the present applicant and he is a habitual offender, therefore, he does not deserve for bail.

6. Perused the case diary as well as the impugned order of the court below.

7. 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 more than the commercial quantity, applicant is named in the FIR and 1200 tablets IP 0.5 mg of Alprazolam have been recovered from his possession, applicant is a habitual offender and he is having 6 criminal antecedents, therefore, his case is different from the other co-accused persons who have been enlarged on bail and specific bar under Section 37 of NDPS Act is attracted in this matter.

8. In view of the above, this Court is not inclined to grant bail to the applicant. Hence, this repeat 4th bail application is hereby rejected.

C.C. as per rules.

(ANIL VERMA) JUDGE Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 06-Jul-23 10:41:18 AM

trilok

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 06-Jul-23 10:41:18 AM