Daizi Sabarwal vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on this first pre-arrest application filed by the applicant under Section 438 of Code of Criminal Procedure for grant of anticipatory bail.

The applicant has an apprehension of her arrest in connection with Crime No.294/2019, registered at Police Station-Dhanpuri, District-Shahdol, for

offence punishable under Sections 8/20, 21, 22, 29 of Narcotics Drugs and Psychotropic Substance Act and Section 5/13 of M.P. Drug Control Act.

Allegation against the applicant, in short, is that, co-accused Aslam was apprehended with 1.80 kg. Ganja (Cannabis). He was also having R.C. cough

syrup having Codeine Phosphate which is a Narcotics Drug and Psychotropic Substance and Alprazolam tablets having some Narcotics Drug and

Psychotropic Substance, without having any valid licence or authority. During investigation, he furnished information that he has illegally purchased

those contraband medicines from 'New Saraswati Pharmacy, Shop No.30, Katju Road, Shahganj, Allahabad'. The applicant being the registered

owner of the said shop, has been inducted in this crime.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case. Co-accused Aslam is in judicial custody and has

furnished information that he illegally purchased those medicines from Praveen Sabarwal, husband of the applicant. The police implicated Praveen

Sabarwal as co-accused in the case but, he has already been enlarged on bail. Thereafter, being the registered owner of the aforesaid medical shop,

the police implicated the applicant as an accused in the case. In such circumstances, it is prayed that the applicant may be extended the benefit of

serving as a teacher somewhere and, secondly, she had no knowledge that her husband and co-accused Aslam were involved in such type of illegal

selling, purchasing and transporting of drugs.

On the other hand, learned Panel Lawyer for the respondent/State has vehemently opposed the application. He submits that the applicant is the

registered owner of the medical shop from where co-accused Aslam illegally purchased those medicines. Whether the medicines were sold by

husband of the applicant or by the applicant, is not material at this stage, but the material fact is that the contraband medicines have been sold from the

shop of the applicant and the applicant, being the registered owner of the said medical shop, is equally liable and responsible for the said transaction.

Prima facie a strong case is made out against the applicant, therefore, it is prayed that this application be dismissed.

Having heard the learned counsel for the parties and on a perusal of the c as e diary, it is reflected that allegedly co-accused Aslam has illegally

purchased those contraband medicines from the shop of the applicant. The applicant herself has admitted that she is the registered owner of the said

medical shop. No doubt, prima facie a strong case is found out against the applicant. In these circumstances, this Court is not inclined to extend the

benefit of anticipatory bail to the applicant.

Consequently, this application under Section 438 of the Cr.P.C. filed by the applicant Daizi Sabarwal is hereby dismissed.