Madhya Pradesh High Court
Ram Singh vs Kendriya Narcotics Bureau Adhishak ... on 21 April, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 21st OF APRIL, 2025
MISC. CRIMINAL CASE No. 2346 of 2025
RAM SINGH
Versus
KENDRIYA NARCOTICS BUREAU ADHISHAK NIVARAK EVM
ASUCHNA PRAKOSTH JAORA DIS.RATLAM M.P.
Appearance:
Shri Aman Bhuriya - advocate for petitioner.
Shri Manoj Kumar Soni, advocate for the respondent [R-1].
ORDER
Heard and perused the case diary.
1. This is the second bail application filed by the applicant under
Section 483 of BNSS for grant of regular bail in relation to Crime No.02/2023
dated (not mentioned), registered at P.S.- Kendriya Narcotics Bureau
Adhishak Nirvarka Evam Asuchna Prakosth, Jaora District-Ratlam (M.P.)
for the offence punishable under Section 8/ 18, 29 of Narcotic Drugs and
Psychotropic Substances Act, 1885. The applicant is in custody since
18.03.2023. Earlier application was dismissed vide order dated 24.01.2024
passed in M.Cr.C. No.57417/2023.
2. As per prosecution, 3.050 Kgs of opium was recovered from the
present applicant, which was being transported by him without any valid
license.
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3. Learned counsel for the applicant submits that the applicant is
innocent and has falsely been implicated in this case. In this case 3.050 Kgs
of opium has been seized from the applicant. The applicant is in custody
since 18.03.2023 (more than two years). Learned counsel has placed reliance
upon the judgment of Hon'ble Apex Court dated 08.11.2024 in the case of
Md. Tajiur Rahaman @ Tajiur Rahaman vs. The State of West Bengal (SPL
(Crl) No.12225/2024), and submitted that in the aforesaid case, it has been
held that since the petitioner has already spent one year and six months in
custody the continued incarceration of the petitioner will not serve any useful
purpose. Reliance has also been placed on order dated 11.11.2024 passed by
this Court in the case of Bane Singh vs. Union of India (M.Cr.C.
No.30609/2024), wherein bail has been granted to the applicant who has
already suffered more than one year and three months in custody and there
was no criminal antecedents registered against him. In the present case also
the applicant also already suffered more than two years in custody, final
conclusion of trial will take sufficient long time therefore, in the light of the
aforesaid citation, counsel prays for grant of bail to the applicant.
4. On the other hand, learned counsel for the respondent/CBN has
opposed the prayer by submitting that Hon'ble Supreme Court in the case of
Raju Ahmed vs. State of Assam vide judgment dated 21.02.2025 dismissed
the appeal filed by the appellant/petitioner by holding that though the
petitioner/appellant was in custody for more than two years, however, he was
facing trial for offence under NDPS Act. In view of the aforesaid, counsel
submitted that no case is made out for grant of bail to the applicant, hence
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prayed for dismissal of the same.
5. So far as the judgments of Hon'ble Apex Court relied upon by the
counsel for the parties, with regard to bail are concerned, actually every case
depends upon its own fact, hence this case will be decided on its own fact.
Having heard the learned counsels for the parties and considering the
material available on record, the quantity of contraband, the custody period
of applicant, this Court is of the opinion that this is a fit case to extend
benefit of bail to the applicant. Hence, without commenting on the merits of
the case, this bail application is allowed.
6. It is directed that applicant be released on bail on his furnishing a
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with
one local surety in the like amount to the satisfaction of the Trial Court for
his appearance before the said Court on the dates given by the concerned
Court during pendency of trial. It is further directed that the applicant shall
comply with the provisions of Section 480(3) of BNSS.
7. This order shall be effective till the end of the trial, however, in case
of bail jump and breach of any of the conditions of bail, it shall become
ineffective.
Certified copy as per rules.
(PREM NARAYAN SINGH)
JUDGE
sumathi
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