MCRC/50736/2020 of CHETAN Vs THE STATE OF MADHYA PRADESH on 31 December 2020

THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDOREM.Cr.C. No.50736 of 2020(Chetan vs. State of MP)

Indore, dated :31.12.2020

Shri Abhishek Rathore, learned counsel for the applicant ispresent in person through Video Conferencing.

Shri Zeeshan Khan, learned Panel Lawyer for the non-applicant– State is present in person through Video Conferencing.

Heard. Perused the case diary.

This is first application under Section 439 of Cr.P.C. for grantof bail. Applicant – Chetan S/o Devilalji Parmar is implicated inCrime No.394/2020 registered at Police Station – Tejaji Nagar,District Indore for the offence punishable under Section 8/20 of theNDPS Act and he is in custody since 06.08.2020.

As per prosecution story, on 06.08.2020, the police received aninformation about transportation of contraband from Maruti Vanbearing registration No.MP09 BC 6087. The police team reached tothe spot and stopped the vehicle in which present applicant and oneco-accused Mukesh were found. After search, the police hasrecovered 2.200 kgs. of Cannabis plants.

The investigation was completed and challan is filed now. Thebail application of co-accused Mukesh has been rejected by this Courtvide order dated 09.10.2020 as he is the owner of the Maruti Van.

Learned counsel for the applicant submits that present applicantis aged about 18 years with no criminal past. He was in the vehicle asa labour and neither the contraband nor the vehicle belongs to him.The quantity of contraband is much less than the commercialquantity. The trial may take time to conclude it. Most of the weightof the seized contraband is of the plant.

Learned Panel Lawyer for the State opposes the bail

THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

M.Cr.C. No.50736 of 2020(Chetan vs. State of MP)

application.

Looking to the age of the applicant and the quantity ofcontraband, this bail application is allowed and the applicant isdirected to be released on bail upon his furnishing a personal bond inthe sum of Rs.1,00,000/- (Rupees One lac only) with one surety tothe satisfaction of the Trial Court for his appearance before the Courtduring pendency of trial.

A copy of this order be sent to the Court concerned forcompliance.

M.Cr.C. No.50736/2020 is allowed and stands disposed ofCertified copy, as per rules.

gp

(Vivek Rusia)

Vacation Judge