JUBER MEV Vs. STATE OF M.P.

JUDGEMENT

(1.) This is the first application under Sec. 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.550/2021 registered at Police Station Nagda, District Ujjain (MP) for offence punishable under Ss. 3/21, 29 of the NDPS Act, 1985. The applicant is in custody since 18/06/2021.

(2.) Allegation against the applicant is that he was found in possession of 8 grams of smack. The commercial quantity of which is 250 grams.

(3.) Counsel for the applicant has submitted that the charge sheet has already been filed and the applicant is in jail since 18/06/2021. It is further submitted that so far as the criminal antecedents of the applicant are concerned, earlier case under Sec. 379 of IPC was registered against him in which the allegation against him was that he purchased the stolen motorcycle, whereas the other case is under Sec. 376 of IPC in which the prosecutrix has not supported the case of the prosecution and the third case is under the NDPS Act wherein in M.Cr.C. No.46092/2020 this Court has been pleased to allow the bail application of the applicant on 24/11/2020 taking note of the earlier two criminal antecedents of the applicant. Counsel has submitted that so far as the case registered under the NDPS Act is concerned, the applicant was solely arraigned on the basis of a memo prepared under Sec. 27 of the Evidence Act and there is no direct evidence against him and otherwise also it is submitted that the quantity is much less than the commercial quantity and the final conclusion of trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and he be released on bail.