MCRC/51626/2018 of ADARSH MISHRA Vs THE STATE OF MADHYA PRADESH on 31 December 2018

The High Court Of Madhya PradeshMCRC-51626-2018

(ADARSH MISHRAVs THE STATE OF MADHYA PRADESH)

[31][-][12][-][2018]Jabalpur, Dated :

Shri Varun Kumar Dubey, Advocate for the applicant.

Smt. Shaheen Fatima, Govt. Adv. for the respondent/State.

Heard with the aid of case diary.

This is first application filed by the applicant Adarsh Mishra underSection 439 of Cr.P.C for grant of bail in Crime No.328/2018 registereda t Police Station Naorojabad, District Umariya for the offencepunishable under Sections 8/21, 22, 23 of N.D.P.S. Act and 13 of DrugControl Act, 1950.

As per prosecution case on 16/11/2018, on the information of theinformant that preventive drug is being transported by Deepak Mehta toNaurozabad in a Innova Car bearing registration No.MP/54-T/0321owned by co-accused Amit Tiwari, Police stopped that vehicle on theway between village Kaneri Maneri and Purwari Ghat and seized fivecartons containing 676 bottles of corex syrup, each bottle containingCodeine Phosphate which is a psychotropic substance and arrested co-accused Deepak Mehta. It is alleged that the aforesaid Innova car wasowned by the co-accused Amit Tiwari and the said corex syrup wasbeing transported by the co-accused Deepak Mehta according todirection of co-accused Amit Tiwari to deliver the same to him. Sopolice also implicated the co-accused Amit Tiwari in the crime.Thereafter, co-accused Amit Tiwari informed the police that applicantAdarsh Mishra gave the aforesaid cough syrup to him. On that, policealso arrested the applicant.

Learned counsel for the applicant submits that the applicant isinnocent and has falsely been implicated i n the offence. There is no 2MCRC-51626-2018

direct evidence on record against the applicant. The police only on thebasis of the memorandum of the co-accused implicated the applicant inthe crime, while memorandum of the co-accused is not admissible inevidence against the applicant. Nothing has been seized from thepossession of the applicant. The applicant has no criminal past. Theapplicant is in custody since 11/12/2018. The charge-sheet has been filedand conclusion of trial will take considerable time, hence it is prayedthat the applicant be released on bail.

On the other hand, learned counsel for the State opposed the prayerand submitted that the applicant was also involved in the crime, so heshould not be released on bail.

Looking to the fact and circumstances of the case and the strengthof the evidence collected by the Police against present applicant duringinvestigation of the crime, it cannot be said that there is a reasonableground to hold that the applicant has committed any offence punishableunder the N.D.P.S. Act and also there is no material to infer that if he isreleased on bail then he will indulge in the crime punishable under theN.D.P.S. Act and as to the fact that the Police implicated the applicantonly on the basis of memorandum of co-accused and applicant has nocriminal past, charge-sheet has been filed and conclusion of trial willtake time, without commenting on the merits of the case the application isallowed and the applicant is directed to be released on bail upon hisfurnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty ThousandOnly) with one surety in the like amount to the satisfaction of theconcerned C.J.M/trial Court for his appearance before the concernedCourt on all such dates as may be fixed in this behalf by the trial Courtduring the pendency of trial.

This order will remain operative subject t o compliance o f thefollowing conditions by the applicant :