STATE OF MADHYA PRADESH Vs. KAJAD

JUDGEMENT

(1.) Leave granted.

(2.) Acting upon a definite information, received by the Police Station, Jawad, Neemuch, Madhya Pradesh, force was deployed and the respondent-accused apprehended on the night of 24th March, 2000. After compliance of the mandatory provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called "the Act"), opium weighing 7 Kgs. was seized from the accused which he had kept in his bag. After completing necessary procedural formalities and getting the samples tested, a charge-sheet was submitted against the accused in the competent Court. Application for bail moved by the accused was rejected by the trial Court. Dissatisfied with the rejection of his bail application, the respondent-accused moved an application in the High Court which was registered as Miscellaneous Criminal Case No. 2052 of 2000. The said application was rejected by the High Court vide order dated 5-6-2000. Without mentioning any change in the circumstances, the respondent-accused moved another application in the High Court in the month of August, 2000 which was adjourned from time to time and ultimately allowed vide the order impugned in this appeal

(3.) Learned Counsel appearing for the appellant-State has contended that the High Court has committed an error of law by granting bail to the respondent-accused ignoring the provisions of Section 37 of the Act, though merely making a mention of it in the impugned order. It is further contended that in the facts and circumstances of the case, the High Court was not justified in granting the bail to the accused in view of the dismissal of his earlier bail application and in the absence of any change in the circumstances. The learned Judge granting the bail is stated to have adopted a casual approach in dealing with a heinous crime committed under the Act. It is submitted that the order granting the bail amounts to reviewing the earlier order which is not permissible in criminal cases.