BABURAM Vs. UNION OF INDIA

JUDGEMENT

(1.) They are heard. Perused the case diary / challan papers. It is seen that in the cases involving the NDPS Act, almost all the times, varied decisions of the Supreme Court are cited by the parties, either allowing the bail or dismissing the same, and depending upon which judgement weighs in, the fate of the case is decided, either in favour or against the accused, resulting in inconsistency in the orders passed by this court. Hence, with a view to follow a consistent view, parties were directed to address on the issue of grant of bail in the cases involving the NDPS Act, by referring to the relevant case laws.

(2.) This is the fifth bail application under Sec. 439 of Criminal Procedure Code, 1973 (483 of Bhartiya Nagrik Suraksha Sanhita, 2023), as he is implicated in connection with Crime No.2/2022 registered at Police Station NCB, Mandsaur, District Mandsaur (MP) for offence punishable under Sec. 8/15, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant is lodged in jail since 15/03/2022.

(3.) His first bail bail application M.Cr.C. No.30104/2022 was dismissed as withdrawn on 02/12/2022, and last three applications viz., M.Cr.C. No.59391/2022, 47878/2023 and 29537/2024 have already been dismissed by this Court on merits vide orders dtd. 13/03/2023, 01/11/2023 and 31/07/2024 respectively.