DURGESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Perused the case diary / challan papers.

(2.) This is the first bail application filed by the applicant under Sec. 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.134/2022 registered at Police Station Chimanganj Mandi, District Ujjain (MP) for offence punishable under Sec. 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant is in custody since 17/02/2022. Allegation against the applicant is that he was he was found in possession of 04.467 kg of cannabis.

(3.) It is stated in the application that the quantity of contraband seized from the applicant is non commercial quantity as the commercial quantity of cannabis is 20 kg. It is further stated that only one case is registered against the applicant which is under the Gambling Act. It is also submitted that co-accused Dharmendra Singh @ Chotu has already been grantee bail by this Court vide order daed 24/2/2023 passed in MCRC No.46773/2023. It is further stated that the applicant is lodged in jail since 16/02/2022, charge sheet has already been filed and the final conclusion of the trial is likely to take sufficient long time. Hence, it is prayed that the bail application be allowed and he be released on bail. Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out, however, it is not denied that there are no criminal antecedents under the NDPS Act.