Shyamlal vs The State of Madhya Pradesh

Mrs. S.R. Waghmare, Judge

By this application filed u/s 439 of the Cr.P.C. the applicant Shyamlal has moved the application for grant of bail being implicated in Crime No. 238/2011 registered by police station Piplyamandi, Distt. Mandsaur for offence under Sections 8 / 15, 25 & 29 of the NDPS Act. Counsel for the applicant has vehemently urged the fact that the applicant has been implicated merely because he is the registered owner of the vehicle i.e. Truck bearing registration No. RJ-20-GA-0029 from which the doda chora (poppy straw) has been recovered. Counsel also vehemently urged the fact that the vehicle had already been sold almost 15 days prior to the incident by the present applicant and, therefore, it was purely a case of false implication and the applicant was entitled to grant of bail. Counsel also relied on Balwinder Singh and others v. Astt. Commissioner, Custom and Central Excise (AIR 2005 SC 2917) to state that the Apex Court had clearly stated that when there was no evidence to show that the appellant had no control over the vehicle nor he was the possession of the said Truck, then the conviction of the appellant, based on the solely ground that he was the registered owner of the vehicle was not proper and the Apex Court had acquitted the accused from the offence under Sections 8/ 18 & 21 of the NDPS Act. Counsel prayed that the applicant was entitled to be enlarged on bail.

Counsel for the respondent State, on the other hand, has opposed the submissions of the Counsel for the applicant and has stated that the applicant was fully implicated in the matter. He, however, candidly admitted that there was no evidence on record except the fact that the registration of the vehicle stands in the name of the applicant. Counsel prayed for dismissal of the application.

On considering the above submissions, the impugned order and material available in the case diary and placing reliance on Balwinder Singh (supra), I find that the application needs to be allowed in the interest of justice. The application is, therefore, allowed.

However, stringent measures need to be imposed, therefore it is ordered that the applicant be released on bail on his furnishing a bail bond for a sum of Rs. 1,00,000/-(Rupees One Lac only) with one surety of like amount to the satisfaction of the Trial Court for his appearance before the concerned trial Court on all dates of hearing as may be fixed by the Trial Court in this behalf during the pendency of trial.

By way of abundant caution, it is further directed that he shall also mark his presence in the concerned police station on the first Sunday of every month between 10.00 a.m. to 12.00 noon during pendency of the trial. Any default in attendance in court and marking 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 shall abide by all the conditions enumerated u/s 437(3) of the Cr.P.C. C. c. as per rules.