Vineet Patel @ Chhabbu vs State Of Madhya Pradesh

This is the first application under Section 439 of the Cr.P.C. filed on behalf of the applicant, who is in custody since 22.04.2020 in connection with

Crime No.138/2020 registered at Police Station Raipur Karchuliyan, District Rewa (M.P.) for the offences punishable under Sections 8B, 21 & 22 of

NDPS Act and Section 5/13 of M.P. Drug Control Act, 1949.

The allegation against the applicant is that on the date of incident he was transporting 194 bottles of Ornex Cough Syrup.

Learned counsel for the applicant has submitted that the aforesaid syrup also contained codeine which drug has already been exempted by the

notification issued by the Central Government in this behalf and this fact has already been taken by this Court in Cr.A. No.200/2015 whereby the

applicants involved therein were discharged from the offence punishable under Section 8/21 of the NDPS Act. She has further submitted that

otherwise also there are no criminal antecedents against the applicant.

Learned counsel for the State on the other hand has opposed the prayer; however it is admitted that there are no criminal antecedents of the applicant.

Considering the rival submissions and on perusal of the judgment delivered by this Court in Cr.A. No.200/2015, I am inclined to allow this application

filed by the applicant. Thus, without expressing any opinion on the merits of the case, the application is allowed. It is directed that the applicant

Vineet Patel @ Chhabbu shall be released from custody subject to his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand

Only) with one solvent surety in the like amount to the satisfaction of the Trial Court for his appearance before the concerned Court on all the dates

of hearing fixed in this behalf by the Court concerned during trial.

The prison authorities are also requested to ensure compliance of the order passed by the Supreme Court in Writ Petition No.1/2020 and ensure, that

the applicant is examined by the jail doctor before his release. Subsequently, it is made clear that if it is found that the applicant is involved in some

other case under the NDPS Act during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be

at liberty to arrest the applicant.

If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the

detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall

ensure his transportation from the jail till his place of residence.

A typed copy of this order is being forwarded to the Office of the Advocate General and to Ms. Ankita Khare, Ld. Panel Lawyer, on their respective

email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned. Court below.

With the above the application is finally disposed of.

Certified copy as per rules.