SURAJ YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed under Sec. 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 4/5/2023 in connection with Crime No.267/2023 registered at Police Station Civil Line, District Vidisha for commission of offence punishable under Sec. 8/20 of NDPS Act.

(2.) Prosecution story, in brief, is that on 4/5/2023 at about 16:10 to 16:25 hours, the applicant was found in possession of 3 kg Ganja (Cannabis) for the purposes of sell without having any license. Learned counsel for the applicant submits that nothing has been seized from the possession of the applicant and he has falsely been implicated in the matter. He further submits that quantity of the contraband said to be seized from the possession of the applicant is slighter more than the commercial quantity. Applicant's custodial trial is not required in the matter. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail. Learned counsel for respondent/State opposes the application. However, he fairly conceded that the applicant has no criminal record.

(3.) Having considered the rival submissions, material pointed out by the counsel for the applicant specially with regard to non-commercial quantity of the contraband and also considering the period of custody of the applicant and overall material produced on record, this Court is of the view that the applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.