Arvind Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 19268 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                          MCRC No. 51311 of 2023
                   (ARVIND SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 20-11-2023
      Shri Ankush Jain - Advocate for the applicant.

      Shri Ravindra Singh Kushwah - Dy. A.G. for respondent/State.

T he applicant has filed this eighth bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 13.03.2022 by Police Station Barohi, District Bhind in connection with Crime No.30/2022 registered for offence punishable under Section 8/20 of NDPS Act.

It is the submission of learned counsel for applicant that he was just a carrier and Apex Perpetrators were somebody else but they could not be arrested by the police and applicant has been charge-sheeted.

Learned counsel for respondent/State refers the judgment passed by Hon'ble Supreme Court in the case of Ankush Maruti Shinde and others Vs. State of Maharashtra reported in (2019) 15 SCC 470 and Anant Thanur Karmuse Vs. State of Maharashtra reported in (2023) 5 SCC 802 to submit that in exceptional circumstances further investigation can be directed by the Constitutional Court. He will also explore the possibility of further

investigation. He also fairly submits that suitable steps have been taken for sensitization of investigation regarding Apex Perpetrators in cases of NDPS.

After considering the rival submissions, it appears that it would be in the interest of administration of justice that steps are to be considered for investigating the role of Apex Perpetrators in NDPS matters or matters which are having national/social importance like forged Adhar Cards/SIM numbers, Cyber frauds etc. which are having wider ramifications.

Earlier order was passed on 02.08.2023 in M.Cr.C. No.31041/2023. Certain directions were given to the DG Police, Bhopal and DG Narcotics, Indore to sensitize the police officers and inculcate in their Training Curriculum/Syllabus about the aspects of investigation of Apex Perpetrators in NDPS matters, when the quantity falls under Intermediary/Commercial use.

Apex Perpetrators are those criminals who are mainly involved in production of NDPS or are main culprits from whom drugs originate or deposited by the carriers. They are the leaders of the crime.

Director General of Police, Bhopal and DG Narcotics Indore are directed to file their affidavits elaborating the steps taken for undertaking sensitization

programme for police officers/investigators about the role of Apex Perpetrators in NDPS matters.

Office is directed to send the copy of order dated 2.8.2023 passed in M.Cr.C. No.31041/2023 as well as copy of this order to DG police Bhopal and DG Narcotics, Indore and learned Dy.A.G is directed to communicate with the concerned officer and take note of the situation and facilitate filing of affidavits in this regard.

Matter is placed on 11.12.2023 for filing affidavit and further orders.

(ANAND PATHAK) JUDGE

Van

VANDANA VERMA 2023.11.20 18:36:19 +05'30'