RAJESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant for grant of regular bail under Sec. 439 of the Code of Criminal Procedure, 1973 relating to FIR No.145/2023 registered at P.S -Leemachouhan, District-Rajgarh (M.P.) for the offence under Sec. 8/21 of NDPS Act.

(2.) As per prosecution story, on 25/07/23, police had received a secret information that some persons are carrying smack and is going to sell it. On this information, police party reached at Village- Bhuka. At the relevant time, after seeing the police party, two persons coming on motorcycle, tried to flew away from the spot. They were apprehended and upon asking, they identified themselves as Bhagwan Singh and Rajesh. Upon search, 10.38 gram (Smack/Heroine) and 20 Gram is found from possession of Bhagwan and Rajesh respectively.The accused were formally arrested' On this basis, a case u/s 8/21 of N.D.P.S. Act is registered against the present applicant and co-accused persons.

(3.) Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. Applicant is in custody since 15/04/2022. The seized quantity of contraband is below than the commercial quantity. He is not having any criminal past. Investigation is over and charge-sheet has been filed, therefore, no further custodial interrogation of the applicant is required. He is permanent resident of District- Neemuch. Final conclusion of trial shall take sufficient long time. Hence, he prays that the applicant be released on bail.