Prem Shankar Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 14385 MP

                                                            1
                          IN     THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                      HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                            ON THE 2 nd OF SEPTEMBER, 2023
                                        MISC. CRIMINAL CASE No. 34785 of 2023

                         BETWEEN:-
                         PREM SHANKAR AHIRWAR S/O SHRI SUKHLAL
                         AHIRWAR, AGED ABOUT 50 YEARS, OCCUPATION:
                         PRIVATE JOB R/O WARD NO 11 IN FRONT OF MAHILA
                         KALYAN KENDRA BALAKDAS KI TALAIIYA TEHSIL
                         AND DISTT. VIDISHA (MADHYA PRADESH)

                                                                                          .....APPLICANT
                         (BY SHRI ANKIT SAXENA - ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH THROUGH POLICE
                         STATION NCB INODRE DISTRICT INDORE (MADHYA
                         PRADESH)

                                                                                       .....RESPONDENT
                         (BY SHRI SANDEEP KUMAR SHUKLA - ADVOCATE)

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

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.9/2022 registered at Police Station NCB Indore, district Indore, for the offences punishable under Sections 8/20(b)(c)(ii), 25, 27(A) & 29 of the NDPS Act.

Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in the case. Applicant is a permanent resident of district and there is no likelihood of his absconding or tampering with Signature Not Verified Signed by: POONAM MANEKAR Signing time: 9/5/2023 3:30:44 PM

prosecution evidence. He is in custody since 22.06.2022 and the trial will take considerable time to conclude. The applicant is ready to furnish adequate surety and shall abide by the conditions to be imposed by the Court. On these grounds, the applicant may be released on bail.

Learned counsel for the State has opposed the bail application, but he has no criminal antecedents.

Heard learned counsel for the parties and perused the case diary. This bail application has been argued by the counsel for the applicant mainly on two grounds. First ground is that the seizure memo mentions that the time of proceedings as 2:00 am and date as 22.06.2022, while the complainant

claims that vehicle in which applicant was allegedly carrying ganja reached on toll plaza at 2:30 am on 22.06.2022 and thereafter, it was searched. It may be observed that para no.7 of complaint refers to approximate time of arrival of vehicle and not the exact time.

The other ground raised by the applicant is that the contents of 48 packets allegedly seized were mixed together and six new packets were prepared from this material. Learned counsel for the applicant has relied upon the judgments of this Court passed in M.Cr.C. No.20445/2023, Co-ordinate Bench in M.Cr.C. No.56923/2022, High Court of Jammu & Kashmir and Ladakh in Bail Application No.301/2022, High Court of Delhi in Bail Application No.3233/2022 and Co-ordinate Bench of this Court in M.Cr.C. No.57043/2021 and other citations with similar ratio.

This bail application has been opposed by the standing counsel of N.C.B. on the ground that seizure memo itself speaks of the fact that the contents of 48 packets were firstly tested and examined physically through drug

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 9/5/2023 3:30:44 PM

detection kit and once, it was found that the material seized was ganja, proceeding of bunching and preparation of lots was undertaken, in which, against 48 packets, new six packets were prepared. He has further drawn the attention of this Court to the procedure of sampling which was adopted in the light of judgment of Hon'ble Supreme Court passed in case of Union of India Vs. Mohan Lal & anr. in Cr.A. No.652/2012.

The bail application of co-accused Ramesh Pal was allowed in this case on consideration of the fact that no seizure of contraband was made from his possession.

Looking to the facts revealed by the standing counsel of N.C.B. and the quantity of total ganja seized in this case, this Court is not inclined to grant bail to the applicant.

Accordingly, the bail application is dismissed.

(ANURADHA SHUKLA) JUDGE pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 9/5/2023 3:30:44 PM