M.D. Gyasuddin vs The State Of Madhya Pradesh
2023 Latest Caselaw 9562 MP

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                     BEFORE
                                   HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                  ON THE 26 th OF JUNE, 2023
                                         MISC. CRIMINAL CASE No. 25922 of 2023

                           BETWEEN:-
                           M.D. GYASUDDIN, S/O M.D. JAMALUDDIN, AGED
                           ABOUT 43 YEARS, OCCUPATION: DRIVER, R/O VILLAGE
                           SONAPALI DHANUPALI SAMBALPUR ODISHA (ORISSA)

                                                                                           .....APPLICANT
                           (BY SHRI EIJAZ NAZAR SIDDQUI - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION   MATGAWAN   DISTRICT  CHHATARPUR
                           (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI AMIT BHURRAK - PANEL LAWYER)

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

This is the first bail application filed by the applicant under Section 439

of the Code of Criminal Procedure for grant of regular bail relating to FIR No.202/2021 dated 28.10.2021, registered at P.S.- Matgawan, District Chhatarpur (M.P.) for the offence punishable under Section 8 and 20 of the NDPS Act. He is in detention since 27.10.2021.

2 . As per the prosecution story, on 27.10.2021 on the basis of secret information received from the informant that contraband Ganja (cannabis) is being transported in a Pick-up vehicle bearing registration No. MP-16GA-1574.

Signature Not Verified Same was intercepted before witnesses by the Police. Four persons were found Signed by: JASLEEN SINGH SALUJA Signing time: 6/27/2023 12:17:03 PM

in it. They introduced themselves as Md. Gyasuddin (present applicant), Dharampal Nayak, Sugreev Rai @ Kallu and Ajad Nayak. In search of the vehicle 120 packets were found kept in the dicky of the vehicle, when packets were opened, contraband cannabis was found in it. All 120 packets were opened and material filled therein was mixed and after making it homogeneous two samples were taken out and sealed. In total 120 k.g. (One quintal, twenty kilogram) contraband ganja was seized from the possession of the applicant and three others. Two samples of 1500-1500 grams (1 k.g. 500 gram) each were taken out from homogeneous contraband. Samples were duly sealed before the witnesses. Applicant alongwith three others was arrested. After investigation

charge-sheet has been filed. Applicant alongwith other co-accused is facing Special Sessions Case No. 04/2022 pending on the case file of Special Judge NDPS Act, Chhatarpur for commission of aforesaid offences.

3. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. Applicant was the truck driver. He was not in the conscious possession of the contraband as the contraband has been seized from some secret compartment of the body of the pick up vehicle. It is further submitted that it was only in the knowledge of the owner of the vehicle that some contraband has been concealed in the pick up vehicle. He is in detention for more than 20 months. It is further submitted that though recovery of 120 kg of Ganja (cannabis) has been made but in seized contraband, seeds and leaves are also found whereas only hemp and flower are supposed to be cannabis. Applicant has fair chances to succeed in trial. Therefore, it is prayed that applicant be released on bail. To buttress his argument, learned counsel has relied on a judgment delivered by the Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 6/27/2023 12:17:03 PM

Hon'ble Apex Court in the case of Ram Singh Vs. Central Bureau of Narcotic, reported in (2011) 11 SCC 347 particularly para 24 of the case law in which it is held that in a case where boy working in a hotel was handed over the opium by the hotel owner and in those circumstances Apex Court in the appeal opined that when possession of the contraband belongs to the master unless it is proved that it was left in his custody over which he had absolute control he cannot be held liable for the conscious possession of the same.

4. On the other hand, learned counsel for the State has opposed the grant of bail to the applicant and has submitted that pick up vehicle is a small transporting vehicle. Applicant is admittedly driver of the vehicle and he was well aware of the contraband being transported in the vehicle. It is further submitted that applicant is a resident of Odisha, whereas contraband has been seized from his vehicle at Chhatarpur which is almost more than 1000 kilometers away from Odisha. Therefore, he has prayed for rejection of the bail application.

5. In this case a huge cache of contraband has been seized from the possession of the applicant and others. As far the argument that applicant driver of the vehicle was not in conscious possession of the contraband is concerned, at this stage only prima-facie case has to be seen. It is for the accused to raise such question of defence in trial which has to be considered by the trial Court at

proper stage of the case.

Having taken into consideration the seizure of huge cache of the contraband i.e. commercial quantity from the possession of the present applicant and others and also the bar contained in Section 37 of the NDPS Act, I am of the view that it is not a fit case for grant of bail. Hence, this first bail application under Section 439 of Cr.P.C filed on behalf of applicant - M.D. Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 6/27/2023 12:17:03 PM

Gayasuddin stands dismissed.

However, as prayed by learned counsel for the applicant, learned trial Court is directed to conclude the trial expeditiously.

(DINESH KUMAR PALIWAL) JUDGE Jasleen

Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 6/27/2023 12:17:03 PM