Madhya Pradesh High Court
MCRC/2948/2024 of TAJUDDIN Vs THE STATE OF MADHYA PRADESH on 1 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIAON THE 1[st] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 2948 of 2024
BETWEEN:-
TAJUDDIN S/O LATE SARDAR KHAN, AGED ABOUT 26Y E A R S , OCCUPATION: DRIVER R/O VILLAGEKHILCHIPURA DISTT. MANDSAUR (MADHYA PRADESH)
(BY SHRI NILESH J. DAVE - ADVOCATE.)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH, THROUGH STATIONHOUSE OFFICER, POLICE STATION NARCOTICS CELLINDORE, DISTRICT INDORE (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI KUSHAL GOYAL - DEPUTY ADVOCATE GENERAL APPEARINGON BEHALF OF ADVOCATE GENERAL.)
This application coming on for admission this day, the court passed the following:
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ORDER
This is a repeat (FIFTH) application filed on behalf of applicant for grantof regular bail under Section 439 of Criminal Procedure Code, 1973. Theapplicant has been arrested on 22.04.2019 in connection with FIR / CrimeNo.28 of 2019 (date not mentioned) registered at Police Station Narcotics Cell,Indore, District Indore (MP) for offence punishable under Section 8 read withSections 15, 25 and 29 of the Narcotics Drugs & Psychotropic SubstancesAct, 1985. His last fourth bail application Miscellaneous Criminal CaseNo.21645 of 2023 has already been dismissed by this Court vide order dated 12.06.2023 on merit.
2. As per the prosecution case, on 22.04.2019, the Police has recovered 5quintals 46 kilograms of poppy straw from the vehicle bearing registrationnumber MP-14 GB-0663.
3. Vide order dated 12.06.2023, this Court has considered the bailapplication of the present applicant on all plausible grounds and the same hasbeen dismissed, There is no reason to re-consider this repeat bail application,on same facts and grounds.
4. As per status report received from the trial Court, six witnesses have beenexamined and twelve more witnesses are yet to be examined before the trialCourt. The trial has been delayed because of arrest of two accused personsduring the trial and charges were framed against them on 06.12.2022 andthereafter on 02.11.2023. The prosecution had to file additional charge sheet,because of late arrest of two accused persons. There is a justifiable reason inrespect of delay of trial.
5. In view of the aforesaid observation, Miscellaneous Criminal Case No.2948 of 2024 stands disposed off.
rcp
(VIVEK RUSIA)JUDGE