MCRC/58560/2022 of KANHAIYALAL Vs THE STATE OF MADHYA PRADESH on 29 December 2022

ORDER

Heard with the aid of case diary.

T his is first application filed under Section 438 Cr.P.C seekinganticipatory bail, as the applicant is apprehending his arrest in connection withCrime No.562/2021 registered at Police Station Neemuch Kant (M.P.) for theoffence punishable under Sections 8/15 and 29 of NDPS Act.

Prosecution case in brief is that on 02.11.2021, co-accused personsIshwar and Darath were found carrying about 3 quintal of Poppy Straw illegallyin a vehicle bearing registration No.MP44GC1561 without having any license or authority. During investigation, it was found that both the above co-accusedpersons were caught with Poppy Straw with Shyam Lal and Shyam Lal in hisdisclosure statement recorded on 30.05.2022 disclosed that about 30 kgs ofPoppy Straw was supplied by the applicant and applicant was also involved inthe crime.

Learned counsel for the applicant submits that as per prosecution caseitself, co-accused persons namely, Ishwar and Darath in their disclosurestatement disclosed the name of co-accused Shyam Lal and Shyam Lal in hisdisclosure statement dated 30.05.2022 disclosed the name of the applicant asone of the supplier of the contraband. There is nothing else against the applicanton the record. Nothing has been seized in pursuance of aforesaid disclosurestatement. There is no legal evidence against the applicant. No offence has beenmade out against him. Therefore, applicant is entitled for grant of anticipatorybail.

Learned Govt. Advocate for the non-applicant/State has opposed theprayer and submitted that applicant supplied about 30 kgs of Poppy Straw tothe co-accused persons. He has criminal past record and about two othercriminal cases have been registered against him. Therefore, no case is made outfor grant of anticipatory bail.

Having considered the rival submissions, material produced on recordespecially; the fact that applicant has been implicated in the matter only on thebasis of memorandum statement of co-accused Shyam Lal and after about 07months of the aforesaid memorandum statement, nothing has been seized inpursuance of the aforesaid disclosure statement and considering other facts andcircumstances of the case, this Court is of the view that applicant deserves tothe enlarged on anticipatory bail hence, without commenting on the merits of the case, the application is allowed.

It is directed that in the event of arrest of the applicant, he shall bereleased on bail upon their furnishing personal bond in the sum ofRs.1,00,000/- (Rupees One Lac only) with surety in the like amount to thesatisfaction of the Arresting Officer for their appearance before the Trial Courton all dates and for complying with the conditions enumerated in sub-section

(2) of Section 438 of the Code of Criminal Procedure.

M.Cr.C. stands disposed of, accordingly.

Certified copy, as per Rules.

SJ

(SATYENDRA KUMAR SINGH)V. JUDGE