AI Structured Summary
Not yet generated for this judgment
Judgment
Subodh Abhyankar, J
1] They are heard and perused the case diary.
2] This is the first bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he/she is implicated in connection with Crime No.662/2022 registered at Police Station City Kotwali, District Mandsaur(MP) for offence punishable under Section 8/18, 22, and 29 of the NDPS Act.
3] The allegation against the applicant is that he was involved in the aforesaid case wherein on 4.11.2022, 130 grams of MD Powder and 600 grams of opium were recovered from the joint possession of co-accused persons, viz., Mansab Ali Ajameri and Noorjanha. It is alleged that in the disclosure memo of the co-accused persons, they have disclosed that the aforesaid contraband was obtained by them from the present applicant.
4] Counsel for the applicant has submitted that apart from the aforesaid memo, there is nothing on record to connect the applicant with the offence, and there are no criminal antecedents registered against him. It is also submitted that, as per the FSL report regarding the MD Drug, has been found to be negative. Thus, the custodial interrogation of the applicant is not necessary, and the present anticipatory bail application be allowed.
5] Counsel for the respondent/State, on the otherhand has opposed the prayer and it is submitted that the applicant was absconding until now, and no case for anticipatory bail is made out at this stage.
6] Having considered the rival submissions and on perusal of the case diary and the fact that the applicant's case was registered in the year 2022, and the name of the applicant was disclosed by the co-accused in the same year, however, the applicant took four years to apply for anticipatory bail, which has been rejected by the trial Court and also considering the fact that the aforesaid contraband is said to have been obtained from the present applicant and also taking into account the mandate of section 37 of the NDPS Act, this Court does not find it to be a fit case for the grant of anticipatory bail, as the custodial interrogation of the applicant would be necessary to ascertain the source of the drug.
7] Accordingly, the MCRC stands dismissed.