Madhya Pradesh High Court
Dheeraj Kumar Tiwari vs The State Of Madhya Pradesh on 1 March, 2023
Author: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 1 st OF MARCH, 2023
MISC. CRIMINAL CASE No. 8993 of 2023
BETWEEN:-
DHEERAJ KUMAR TIWARI S/O SHRI SHIVBAHORE
TIWARI, AGED ABOUT 32 YEARS, OCCUPATION:
BUSINESS, R/O VILLAGE SADLA P.S. AND TEHSIL
BEHRI, DISTRICT SIDHI (MADHYA PRADESH)
.....APPLICANT
(BY SHRI KAMLESH DWIVEDI - ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH P.S.
HANUMANA REWA, DISTT. REWA (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI NARENDRA CHOURASIYA - GOVERNMENT ADVOCATE )
This application coming on for admission this day, the court passed the
following:
ORDER
The applicant has filed this SECOND bail application under Section
439 of Cr.P.C. for grant of bail. Applicant has been arrested on 09.10.2021 in
Crime No. 333/2021 b y Police Station - Hanumana, District Rewa for the
offence punishable under Section 8, 20, 21, 22 of the N.D.P.S. Act, 1985 and
Section 5/13 of the M.P. Drug Control Act, 1949.
2. It is submitted by the learned counsel for the applicant that the applicant is
suffering confinement since 09.10.2021 and some of the material prosecution
witnesses including the seizure witnesses have been examined, therefore, chance
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of tampering with the evidence/ witnesses is remote. It is further submitted that
Signed by: VIKRAM SINGH
Signing time: 3/2/2023
2:46:21 PM
the applicant is neither owner nor driver of the vehicle in question nor he was
the person who funded the whole transaction. It is further submitted that the
applicant does not bear any criminal record and at best, he was the pillion rider.
3. Learned counsel also raised the point that the drugs, which were
seized are cough syrup bottles (Codine) and it does not fall within the ambit of
Section 8, 21 and 22 of the N.D.P.S. Act because it is not a manufactured drug
per se as per the provisions of N.D.P.S. Act. It was a bottled cough syrup and
no ingredients of any narcotics drugs or psychotropic substances were added
to it to make it a manufactured drug under the ambit of N.D.P.S. Act. He relied
upon the judgment passed by the Apex Court in the case of Union of India Vs.
Mohanlal and another reported in (2016) 3 SCC 379 and the order dated
31.07.2020 passed by the Delhi High Court in the case of Iqbal Singh Vs.
State in Bail Application No. 645/2020 to bring home the fact that it was not a
case of a manufactured drug. He further referred the discrepancies crept in the
investigation wherein joint consent has been obtained in respect of Section 50
of the N.D.P.S. Act. He relied upon the case of State of Rajasthan Vs.
Parmanand and another reported in (2014)5 SCC 345. He also referred the
bail order of co-accused Sandeep Singh dated 5.4.2022 passed in M.Cr.C.No.
13558 of 2022 whereby he was granted the benefit of bail. Learned counsel also
raised doubt over the exact quantity of cough syrup because at some places,
I.O. has referred bottles as 450 whereas at some places, it is 550 bottles. The
present applicant has suffered more than 16 months of incarceration as pre-trial
detention. Looking to the status of trial and the period of custody, besides other
points raised by the counsel for the applicant, it is submitted that the case of the
applicant be considered for bail.
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Signed by: VIKRAM SINGH
Signing time: 3/2/2023
2:46:21 PM
4. Learned counsel for the State opposed the prayer and submitted that as
per the allegations, the applicant was instrumental in transportation of 550
bottles of cough syrup. He prayed for dismissal of the bail application.
5. Heard the learned counsel for the parties at length and perused the case
diary.
6. Considering the submissions, especially the status of trial and the period of
custody, this Court intends to allow the application but with certain stringent
conditions. Therefore, without commenting on the merits of the case, the
application is allowed. It is hereby directed that the applicant shall be released
on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty
Thousand Only) along with tw o solvent sureties in the like amount to the
satisfaction of the trial Court.
7. This order will remain operative subject to compliance of the following
conditions by the applicant :-
(i). The applicant will comply with all the terms and conditions of the bond
executed by him;
(ii) The applicant will cooperate in the investigation/trial, as the case may
be;
(iii) The applicant will not indulge himself in extending inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade them from disclosing such facts to the Court or to the Police Officer,
as the case may be;
(iv) The applicant shall not commit an offence similar to the offence of
which he is accused;
(v) The applicant will not seek unnecessary adjournments during the trial;
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(vi) The applicant will not leave India without previous permission of the
Signed by: VIKRAM SINGH
Signing time: 3/2/2023
2:46:21 PM
trial Court/Investigating Officer, as the case may be;
(vii) The applicant would not be a source of embarrassment or harassment
to the complainant in any manner.
(viii) The applicant shall mark his presence on first Sunday of every
month between 10 a.m. and 2:30 p.m. at concerned Police Station till
conclusion of trial.
Application stands allowed and disposed of.
A copy of this order be sent to the trial Court concerned for compliance
and information.
Certified copy as per rules.
(ANAND PATHAK)
JUDGE
Vikram
Signature Not Verified
Signed by: VIKRAM SINGH
Signing time: 3/2/2023
2:46:21 PM
