MCRC/2848/2024 of JAHANGIR @ TENKI Vs THE STATE OF MADHYA PRADESH on 5 February 2024

ORDER

This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.497/2023 registered at PoliceStation - Garoth, Dist. Mandsaur (M.P.) under Section 8/15 of NDPS Act.

2. It is alleged that from possession of the present applicant and two otheraccused persons, 10 K.G. poppy straw from each accused and total quantity of30 K.G. poppy straw has been seized.

3. Counsel for the applicant submits that the aforesaid quantity is less thancommercial quantity and the applicant is in jail since 21.10.2023.

4. Counsel for the State opposes the prayer and submits that there is onecriminal case of NDPS Act against the applicant and he is resident of State ofPunjab.

5. After hearing learned counsel for the parties and taking into considerationthat the alleged quantity of contraband is less than commercial quantity, theinvestigation has been completed and the charge-sheet has been filed, I am ofthe view that the applicant is entitled for grant of bail on the condition that theapplicant shall mark his presence before the concerned police station on every15th day of the month during the pendency of trial. Therefore, withoutexpressing any view on the merits of the case, the application is allowed.

6 . It is directed that Applicant- Jahangir @ Tenki shall be released fromcustody upon furnishing a personal bond of Rs.1,00,000/- (Rupees One LakhOnly) with one local surety of the like amount to the satisfaction of the courtbelow.

7. A typed copy of this order is being forwarded to the Office of theAdvocate General, on their email address, for intimation to the Police Stationconcerned. The office is requested to forward a copy of this order to the courtbelow.

C.c. as per rules.

soumya

(VIJAY KUMAR SHUKLA)JUDGE