LAWS(MPH)-2019-10-137

RAJESH GUJAR Vs. STATE OF MADHYA PRADESH

Decided On October 01, 2019
Rajesh Gujar Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is first bail application filed on behalf of the petitioner under Section 439 of the Code of Criminal Procedure. The petitioner is in custody since 05.08.2019 in connection with Crime No.719/2019 registered at Police Station- Gadarwara District-Narsinghpur (M.P.) for the offence punishable under Section 8 / 20 of NDPS Act.

(2.) Prosecution story in short is that on receiving an information from an informant, police official of P.S.Gadarwara seized total of 1.500 kg illegal intoxicant (ganja) from the possession of the petitioner. Thereafter, the offence has been registered against the present petitioner.

(3.) Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the seized quantity of the ganja is little more from the the minimum quantity while the commercial quantity is 20 kg. There is no previous criminal record of the petitioner under NDPS Act . Investigating officer did not comply with the mandatory provisions of NDPS Act . There is no chance of petitioner's absconding and tampering with the prosecution evidence. The petitioner is in jail since 05.08.2019 and trial will take time to conclude. The petitioner is ready to furnish bail bond, as per the order, abiding with all conditions imposed by the Court. On these grounds, he prays for grant of bail to the petitioner.