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Judgment
Prakash Shrivastava, J
Heard on the question of grant of bail.
This is an application made by the applicant under Section 439 Cr.P.C.
for grant of bail during trial.
Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced and it has been perused.
The applicant is facing trial for offence punishable under Section 8/15 of the NDPS Act registered with Police Station CBN Neemuch, District
Neemuch in Crime No.07/2019.
Learned counsel for the applicant submits that 83.7 kg of poppy straw has been seized from storage area of a public bus and the said poppy straw
was being transported concealed in pipes. He submits that there is no material to show that the contraband item belongs to the present applicant and
that the applicant has been implicated on the basis of the memorandum recorded under Section 67 of the N.D.P.S.Act which is not admissible. He has
also submitted that the applicant has no criminal record. He has also submitted that the booking slip which the prosecution is relying upon cannot be
considered because nothing has been produced to show that the slip was prepared in duplicate nor the slip prior to or after the issuance of the slip in
question have been produced. He further submits that there is no material to connect the applicant with the alleged offence and he is in custody since
25.10.2019 and the conclusion of trial is likely to take time.
Learned counsel for the respondent has opposed the bail application and has referred to the statements of the cleaner and the driver of the bus, as also
the booking slip. He has submitted that the bar of Section 37 of the N.D.P.S.Act is attracted.
Having regard to the circumstances of the case and also considering the fact that the contraband item has been seized from the storage area of a
public bus and also taking note of prima facie insufficiency of the material to connect the applicant with the alleged contraband item, I am of the view
that a case for grant of bail is made out. Hence, I am of the considered view that the application for grant of bail deserves to be allowed and is
accordingly allowed.
The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.75,000/-(Rupees Seventy Five Thousand only ) with
one surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed.
By way of abundant caution, it is further directed that the applicant will also mark his presence in the concerned police station on first Sunday of every
month between 10 a.m. to 12 noon during the pendency of the trial. Any default in attendance in Court and marking his presence in the concerned
police station would result in cancellation of bail granted by this Court thereby entitling the police to take the applicant in custody immediately.
It is also directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.