Ranjit vs The State Of Madhya Pradesh
2023 Latest Caselaw 16651 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                               ON THE 9 th OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 33328 of 2023

                           BETWEEN:-
                           RANJIT S/O SHYAMLAL CHOPAWAR, AGED ABOUT 23
                           YE A R S , OCCUPATION: LABOURER GRAM KOTDA
                           SANGOD BAPAWAR KOTA (RAJASTHAN)

                                                                                           .....APPLICANT
                           (BY SHRI SUNIL GUPTA, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION BHANPURA,
                           DISTRICT MANDSAUR (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI AJAY RAJ GUPTA - PUBLIC PROSECUTOR)

                                 This application coming on for orders this day, th e court passed the
                           following:
                                                              ORDER

This is third bail application under Section 439 of Cr.P.C for grant of

regular bail in connection with crime No.463/2020 registered at P.S - Bhanpura, District - Mandsaur (M.P.) for offences punishable under 8/18 of NDPS Act.

2. The second bail application was rejected on merits after considering the fact that from the applicant, 3 kg. Opium was seized which is more than the commercial quantity as prescribed in the schedule.

3. Counsel for the applicant submits that applicant has falsely been implicated. He has no criminal antecedents. As per memorandum of applicant,

Signature Not Verified the person from whom it is alleged that he had brought the contraband, has not Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 10-10-2023 15:25:02

been found by the prosecution and the person to whom it was to be delivered, is reported to have been dead. It is further submitted that FSL has not been filed by the prosecution. Counsel further argued that recovery of the contraband made from the applicant is contrary to the provisions of section 50 of the NDPS Act. In support of his submission, he has placed reliance on the judgment passed by the Apex Court in the case of State of Rajasthan Vs. Parmanand and others, (2014) 5 SCC 345. It is submitted that applicant is in jail since 20.12.2020. Considering the custodial period of applicant, status report was called from the trial court. As per status report, certain witnesses have been examined and trial court is making all efforts to expedite the trial. In

these circumstances, the applicant be released on bail.

4. Counsel for the State submits that intimation which was received was by name and contraband was recovered from the applicant. It is submitted that as per provisions of section 50 of NDPS Act, the Investigating officer had given option to the applicant either to get personal search by the Gazetted Officer or nearest Magistrate or by the Investigating officer. The applicant gave his consent for personal search by Investigating officer. According to him, the provisions of section 50 of the NDPs Act have been complied with. Counsel further submits that he has received instructions from the Investigating officer that FSL report has been filed in the trial court.

5. After hearing learned counsel for parties and taking into consideration that alleged quantity of contraband is more than commercial quantity and provisions of section 50 have been substantially complied with by the prosecution, I do not find any case for grant of bail. M.Cr.C. is accordingly dismissed. However, it is observed that trial court shall make all endeavours to Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 10-10-2023 15:25:02

expedite the trial.

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 10-10-2023 15:25:02