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Judgment
Subodh Abhyankar, J
This is the application under Section 482 of Cr.P.C. read with Section 439 of the Cr.P.C. with the prayer that the order dated 21.5.2021, passed in M.Cr.C. No.24066/2021 whereby the applicant has been granted temporary bail for the period of six months be made absolute.
The application has been filed on the ground that the applicant is involved in the case which relates to 20 grams of MDMA which is more than commercial quantity as per entry no.134, but now, after chemical analysis of the sample of the drug, it is found that the contraband is Mephedrone falling under Entry no.238-F of the Schedule to the NDPS Act and not the MDMS under Entry No.134. And of Mephedrone, the minimum quantity is 2 grams and commercial quantity is more than 50 grams and thus the case involves 20 gms. Mephedrone,which is less than the commercial quantity.
Learned counsel for the applicant submits that the applicant is not involved in the case of commercial quantity as the quantity seized was below the commercial quantity. The applicant has already been enlarged on temporary bail for the period of six months by this Court and he has not misused the liberty granted by this Court. It is further submitted that under identical circumstances, the temporary bail for a period of six months granted to the co-accused Adnan Khan in M.Cr.C.No.48710/2021 dated 27.10.2021 has been made absolute.
Learned Dy. Advocate General for the respondent/State opposes the application. However, it is not denied that the temporary bail granted to the co-accused Adnan Khan has already been made absolute.
On due consideration of rival submissions and on perusal of the case diary, as also maintaining the parity, this Court finds is of the considered opinion that as no minimum sentence is provided for the contraband involved, it would be expedient to allow this application.
In view of the same, the temporary bail granted by this Court on 21.05.2021 in M.Cr.C.No.24066/2021 is hereby made absolute in respect of the applicant Tausif Ahemad Khan only, meaning thereby, the applicant who has already been granted temporary bail shall continue to enjoy the same till the final disposal of the trial; and in terms of the aforesaid order, Miscellaneous Criminal Case No.54258/2021 stands allowed and disposed of. The bail bond already furnished by the applicant shall stand good for the purpose of this order as well.
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