Mohd. Yunus Mansoori @ Laden vs The State Of Madhya Pradesh
2023 Latest Caselaw 17918 MP

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                       AT JABALPUR
                            BEFORE
              HON'BLE SHRI JUSTICE VISHAL DHAGAT
                    ON THE 27 th OF OCTOBER, 2023
               MISC. CRIMINAL CASE No. 48283 of 2023

BETWEEN:-
MOHD. YUNUS MANSOORI @ LADEN S/O SHRI ISRAM,
AGED ABOUT 46 YEARS, OCCUPATION: LABOUR R/O
MANGAWAN BASTI, WARD NO 4, POLICE STATION
MANGAWAN, DISTRICT REWA (MADHYA PRADESH)

                                                                 .....APPLICANT
(BY SHRI B.K. VAISHYA - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION MANGAWAN DISTRICT REWA (MADHYA
PRADESH)

                                                             .....RESPONDENTS
(BY SHRI AKSHAY NAMDEO - GOVERNMENT ADVOCATE)

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

This is first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.460/2023 registered at Police Station-Mangwan, District-Rewa (MP) for the offence under Sections 8, 20-B, 21, 22 of the NDPS Act and Sections 5/13 of the MP Drugs Control Act.

2. Learned counsel appearing for the applicant submitted that applicant is in jail since 19.09.2023. Applicant is innocent and has falsely been implicated in the case. It is submitted that quantity of contraband substance found suspended

in drug preparation cannot be taken as a whole as contraband substance suspended in drugs and drug is not deleterious or harmful. When contraband substance is mixed with other substances which is harmful for a person then quantity of drug and other substance is to be taken as a whole but in case of medical preparations neutral substance cannot be counted. He relied on judgment reported in Hira Singh and Another Vs. Union of India and Anoter dated 22.04.2020. Quantity of neutral substance has also to be taken into account. Counsel for applicant has pointed out paragraph No.8.3 of the order dated 22.04.2020 which is quoted as under:-

"8.3 At this stage, it is required to be noted that illicit drugs are seldom sold in a pure form. They are almost always adulterated or cut with other substance. Caffeine is mixed with heroin, it causes that heroin to vaporize at a lower rate. That could allow users to take the drug faster and get a big punch sooner. Aspirin, crushed tablets, they could have enough powder to amend reversal doses of drugs. Take example of heroin. It is known as powerful and illegal street drug and opiate derived from morphine. This drug can easily be "cut" with a variety of different substances. This means that drug dealer will add other drugs or non -intoxicating substances to the drug so that they can sell more of it at a lesser expense to themselves. Brown-sugar / smack is usually made available in power form. The substances is only about 20% heroin. The heroin is mixed with other substances like chalk powder, zinc oxide, because of these, impurities in the drug, brown-sugar is cheaper but more dangerous. These are only few examples to show and demonstrate that even mixture of narcotic drugs or psychotropic substance is more dangerous. Therefore, what is harmful or injurious is the entire mixture/tablets with neutral substance and Narcotic Drugs or Psychotropic Substances. Therefore, if it is accepted that it is only the actual content by weight of offending drug which is relevant for the purpose of determining whether it would constitute small quantity or

commercial quantity, in that case, the object and purpose of enactment of NDPS Act would be frustrated. There may be few punishment for "commercial quantity". Certainly that would not have been the intention of the legislature. 8.4. Even considering the definition of "manufacture", "manufactured drug" and the "preparation" conjointly, the total weight of such "manufactured drug" or "preparation", including the neutral material is required to be considered while determining small quantity or commercial quantity. If it is interpreted in such a manner, then and then only, the objects and purpose of NDPS Act would be achieved. Any other intention to defeat the object and purpose of enactment of NDPS Act viz. to Act is deterrent."

As per aforesaid paragraph also neutral substance of drugs preparation is also to be taken into account. In these circumstances, he prayed that applicant may be released on bail.

3. Learned Government Advocate appearing for the State has submitted that applicant is having criminal antecedent of three cases.

4. Heard the counsel for the parties.

5. Considering the totality of facts and circumstances of the case, bail application stands dismissed.

6. Applicant is at liberty to file repeat application after examination of independent seizure witnesses in the case.

(VISHAL DHAGAT) Digitally signed by SHABANA JUDGE shabana ANSARI Date: 2023.10.27 16:48:04 +05'30'