Savitri Pandey vs The State Of Madhya Pradesh
2024 Latest Caselaw 6700 MP

Madhya Pradesh High Court

Savitri Pandey vs The State Of Madhya Pradesh on 5 March, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                              1
                           IN       THE       HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                  ON THE 5 th OF MARCH, 2024
                                            MISC. CRIMINAL CASE No. 9291 of 2024

                          BETWEEN:-
                          SAVITRI PANDEY W/O SHRI SUBHASH PANDEY, AGED
                          ABOUT 45 YEARS, OCCUPATION: HOUSE WIFE R/O
                          MOTORKHOLI NEHRUGANJ TEHSIL ITARSI DISTRICT
                          NARMADAPURAM (MADHYA PRADESH)

                                                                                           .....APPLICANT
                          (BY SHRI AJAY KUMAR JAIN - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          S T A T I O N ITARSI DISTRICT NARMADAPURAM
                          (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                          (BY SHRI AKSHAY NAMDEO - GOVT. ADVOCATE)

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

1. This is second application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 10.9.2023 in connection with Crime No. 665/2023, registered at Police Station Itarsi District Narmadapuram for the offence punishable under Section 20 of the NDPS Act.

2 . Learned counsel appearing for the applicant submitted that applicant is a woman and aged about 45 years. She is innocent and has been falsely implicated in the case. 10 Kgs. 300 gms. of Ganja is said to have been seized from the applicant. There is non compliance of provision of search and

seizure from the applicant. In these circumstances, applicant may be enlarged on bail.

3 . Learned counsel appearing for the State has opposed the bail application and submitted that applicant was found in conscious possession of Ganja. Recovery has been made from all the accused persons who were present on the spot and notice was given to them. In these circumstances, applicant may not be enlarged on bail.

4. Heard learned counsel for the parties.

5. Counsel for the applicant relied upon the Apex Court Judgment in the case of State of Rajasthan Vs. Parmanand and another - (2014) SCC

345, wherein joint seizure was disbelieved. In that case, accused person has not signed the said seizure and memorandum. No such anomaly is pointed out in this case. Applicant is having criminal antecedents and number of cases are registered against her.

6. Considering the aforesaid facts and circumstances of the case, bail application filed by the applicant is dismissed.

(VISHAL DHAGAT) JUDGE AD/