INDORE DISTRICT INDORE (MADHYA PRADESH) v. (BY SHRI N. S. BHATI, G.A. )
Case at a glance
- Bench
- SUBODH ABHYANKAR
Outcome
Bail granted
present application for grant of bail is allowed
Provisions considered
- Code of Criminal Procedure, 1973 ss. 437(3), 439
Judgment
(BY SHRI NILESH JOSHI, ADVOCATE ) AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION CRIME BRANCH INDORE DISTRICT INDORE (MADHYA PRADESH) .....APPLICANT (BY SHRI N. S. BHATI, G.A. ) .....RESPONDENT This application coming on for admission this day, the court passed the following: They are heard. Perused the case diary / challan papers. ORDER This is the applicant's repeat (second) application under Section 439 of Criminal Procedure Code, 1973, as he / she is arrested in connection with Crime No.07/2021 registered at Police Station Crime Branch, Indore, District Indore (MP) for offence punishable under Section 8 read with Sections 22 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein after referred to as the Act). The applicant is in custody since 13.04.2021. His earlier bail application M.Cr.C. No.3975 of 2022 was dismissed by this Court vide order dated 01.02.2022 as withdrawn. Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 03-02-2023 18:21:44 2 Counsel has submitted that in the present case the contraband seized is 70 grams Mephedon (MDMA) Drug, the commercial quantity of which is 10 grams. It is further submitted that the other co-accused Sameer @ Nasheela has already been granted bail by this Court in M.Cr.C. No.37694 of 2022 dated
Operative part
18.11.2022, who was lodged in jail since 13.04.2021 and so far as the present applicant is concerned, he is in jail since 26.03.2021. Counsel has also submitted that there is illegality in the present case of drawing samples as according to the charge-sheet only 2 grams sample has been drawn, however, in the Laboratory it has been found to be 2.9 grams, whereas as per para 2.3 of the Standing Order 1/89 dated 13.06.1989 the quantity of samples has to be 5 grams and the such quantity shall not be less than the 5 grams in respect of all narcotic drugs. Thus, it is submitted that on this ground only the application deserves to be allowed. Counsel for the respondent/State, on the other hand, has opposed the prayer, however, it is not denied that the quantity sent for chemical analysis was less than 5 grams. In view of the same, taking note of the fact that the other co-accused Sameer @ Nasheela has already been granted bail and there is a deviation in the sample drawing process, this Court is inclined to allow the present application. Accordingly, without commenting anything on merits of the matter, the present application for grant of bail is allowed. The applicant is directed to be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the Trial Court for his / her appearance, as and when directed. It is also directed that the applicant will abide by all the conditions Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 03-02-2023 18:21:44 enumerated under Section 437 (3) Criminal Procedure Code, 1973. 3 Certified copy as per rules. Pankaj (SUBODH ABHYANKAR) JUDGE Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 03-02-2023 18:21:44
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: present application for grant of bail is allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 437(3), 439.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.