Saddam vs State Of Madhya Pradesh

Achal Kumar Paliwal, J

This is second bail application filed on behalf of applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The applicant is in jail since 22.4.2025 in connection with Crime No.435 of 2025 registered at P.S. GRP Katni, District-Katni for the offence punishable under Sections 8/20 of NDPS Act.

Prosecution story in brief is that applicant was found in possession of 7 Kg 560 grams of ganja, without any licence.

Learned counsel for the applicant submits that earlier application of the applicant was dismissed as withdrawn vide order dated 24.7.2025 passed in MCRC No.32756/2025. It is urged that after investigation, charge sheet has filed. It is also urged that in arrest memo, it has not been mentioned that applicant has been arrested on the ground of seizure of ganja from him. It is also urged that informer panchanama has been prepared on 21.04.205/22.4.2025 at about 12.48 am but there is no mention of place of standing of suspect person. In FIR, scene of incident is mentioned at about 3 kms from GRP station Katni. It is also urged that in the instant case, in proceedings pertaining to seizure panchnama, no independent witnesses have been joined but only ASI Bhagchand and Head Constable Krishna Pandey have been joined as witnesses but contrary to aforesaid, search panchanama pertaining to police personnel, independent witnesses have been joined. Further, after referring to weighing panchnama, it is urged that on the spot, two samples were drawn, A/1 and A/2 but with respect to aforesaid, there is no mention in proceedings conducted by JMFC under section 52A of NDPS Act. Further, it is also urged that in seizure slip, crime number has been mentioned whereas FIR has been registered at about 11.30 am. Thus, prior to registration of FIR, crime number has been mentioned. On above grounds, it is urged that applicant be released on bail.

Learned Panel Lawyer for the respondent/State, on the other hand, has opposed the application and submits that in FIR, place, where suspect was found has been mentioned. It is also urged that at GRP, Station Katni, no independent witnesses were available. No case for grant of bail is made out.Therefore, it has been prayed that the application be dismissed.

Looking to overall facts and circumstances of the case, I deem it proper to release the applicant on bail.

It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 480(3) of Bharatiya Nagarik Suraksha Sanhita, 2023.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Soft copy of this bail order be sent immediately/forthwith to the applicant through concerned Jail Superintendent.

M.Cr.C. stands allowed and disposed of.