AI Structured Summary
Not yet generated for this judgment
Judgment
Vijay Kumar Shukla, J
These third applications are filed under section 439 of Cr.P.C in crime no.94/2024 under section 8/21, 29 of NDPS Act registered at police station Nagaon District Dhar.
The earlier applications were dismissed with liberty to revive the same after filling of the chargesheet.
As per the prosecution case, it is alleged that three accused persons were travelling on motor cycle and on secret information a raid was conducted. It is alleged that 7.60 gram smack (brown sugar) was seized from the joint possession of the accused persons.
Learned counsels for the applicants submits that the charge sheet has been filed. The statement of seizure witnesses have been recorded. They have not supported the prosecution case. It is further submitted that the aforesaid quantity was seized from the pocket of co-accused Mohan.
Learned counsel for the state opposed the prayer.
After hearing learned counsel for the parties and taking into consideration the fact that the alleged contraband was seized from the pocket of co-accused Mohan, the statement of seizure witnesses have been recorded and they have not supported the prosecution case, as per case diary there is no criminal record of the applicants, Therefore, without expressing any view on the merits of the case, the application is allowed.
It is directed that applicants Shubham @ Pravesh and Tushar shall be released from custody upon furnishing a personal bond of Rs.100,000/-(Rupees One Lakh Only) each with one surety each of the like amount to the satisfaction of the court below.
A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.