Research › Search › Judgment

Madhya Pradesh High Court · body

2015 DIGILAW 1030 (MP)

Pannalal v. State of M. P.

2015-09-29

P.K.JAISWAL

body2015
ORDER 1. They are heard. 2. Perused the case – diary. 3. This is first application for grant of bail by applicant – Pannalal Gurjar, who is implicated in Crime No.131/2013, registered at Police Station Malhargarh, for the offence punishable under sections 8/15 and 29 of NDPS Act, 1985. 4. As per prosecution story, on the basis of secret information received by the non-applicant, vehicle Tata Safari bearing registration No.R.J- 06- UA- 4999 and one motor-cycle bearing registration No.M.P-14- MJ-8223, which was piloting the vehicle Tata Safari was intercepted. During search, 2 quintal 29 Kg. of poppy straw (‘Doda Chura’) was seized from Tata Safari vehicle. Co-accused – Pannalal and Bharat, in their memorandum have deposed that seized ‘Doda Chura’ was purchased by Satyanarayan and Gopal from them and they have taken the contract to scout and drop them upto the Highway road. Co-accused – Bharat Gurjar, was driving the motor-cycle and present applicant – Pannalal was pillion rider on the said motor-cycle. Tata Safari vehicle was driven by Satyanarayan Bairagi and co-accused – Gopal Singh, also accompanied him. 5. Learned counsel for the applicant has submitted that applicant is in custody for a period of more than two years and there is no legal evidence against him regarding his involvement in the alleged offence, nor he is having any past criminal antecedents. It is also pointed out that present applicant is not the owner of the jeep and motor-cycle and there is no material to show that the applicant had any knowledge that co-accused persons Satyanarayan and Gopal, were carrying the contraband substance nor contraband has been recovered from exclusive possession of the present applicant. He also placed reliance on the order dated 2.11.2012 passed in Miscellaneous Criminal Case No.6516/2012 (Devilal and another v. State of M.P.) by which bail application of applicant No.1 (Devilal son of Nandaji) was allowed and order dated 15.2.2013 passed in Miscellaneous Criminal Case No.154 of 2013 (Bhagwati Lal v. State of M.P.) whereby repeat application of applicant therein was allowed. In the case of Bhagwati Lal, co-accused – Kanhiyalal, who was pillion rider was having the contraband substance, his application for grant of bail was allowed on 24.12.2012. Considering the ground of parity with co-accused – Kanhiyalal, application of Bhagwati Lal was allowed. In the case of Bhagwati Lal, co-accused – Kanhiyalal, who was pillion rider was having the contraband substance, his application for grant of bail was allowed on 24.12.2012. Considering the ground of parity with co-accused – Kanhiyalal, application of Bhagwati Lal was allowed. Similarly, in the case of Devilal, the coordinate Bench of this Court, considering the fact that Devilal was having no knowledge that co-accused – Ramcharandas was carrying the contraband or the bag which he is having contained any contraband and, therefore, Bhagwatilal was released on bail. 6. In the present case, as per secret information (‘Mukhbir Suchna’) the non-applicant received an intimation on 2.7.2013 at 9.00 a.m. that Satyanarayan Bairagi and Gopal Singh of Rajasthan (Bhilwada) were carrying ‘Doda Chura’ in Tata Safari vehicle and the said Tata Safari is piloting by the present applicant and co-accused – Bharat Gurjar. Details of secret memo dated 2.7.2013 reads as under:- ^^eq> Fkkuk izHkkjh y{e.k flag xqtZj fujh- Fkkuk eYgkjx<+ dks esjs fo’oluh; eq[kfcj us lwpuk nh gS fd lR;ukjk;.knkl cSjkxh rFkk xksiky flag jkt- HkhyokM+k rjQ ds mudh uhsys jax dh VkVk lQkjh dkj u- vkj-ts- 06&;w, 4999 esa voS/k eknd inkFkZ MksMkpwjk Hkjdj [ktwjh rjQ ls >kM+h gjekyk euklk [kqnZ ¼ikek[ksM+k½ gksrs gq, Hkojklk QUVs ls gkbZosjksM ls HkhyokM+k rjQ tkus okys gSa lQkjh dkj ds vkxs&vkxs iUukyky xqtZj rFkk Hkkjr xqtZj fu- [ksM+h ds mudh eks-lk- ghjksgksUMk lkbZu dkys jax dh u- ,e-ih-14 ,ets&8223 ls ikbZ ysfVax dj jgs gS vxj ikek[ksM+k ds vkl ikl ukdk canh dh tk, rks pkjks O;fDr;ks dks MksMk pwjk lfgr idM+k tk ldrk gS nsjh gksus ij rLdj MksM+k pwjk lfgr fudy ldrs gS iSpku le{k eq[kfcj lwpuk dk iapukek cuk;k x;kA** 7. As per report of Thana – Malhargarh and the report of Police Station Kotwal – Chittorgarh (Rajasthan), the applicant is habitual offender, one more criminal case at police station Kotwal – Chittorgarh (Raj.) vide crime No.86/2011, under sections 8/15 and 29 of NDPS Act is pending against him before the Special Judge, Chittorgarh (Rajasthan). 8. From the aforesaid, it is clear that the present applicant is deeply involved in the alleged offence. He is not having parity with Devilal and Bhagwati Lal, which has been cited by the learned counsel for the applicant. No case for grant of bail, as prayed is, made out. 9. 8. From the aforesaid, it is clear that the present applicant is deeply involved in the alleged offence. He is not having parity with Devilal and Bhagwati Lal, which has been cited by the learned counsel for the applicant. No case for grant of bail, as prayed is, made out. 9. Looking to the fact that applicant is in custody for a period more than two years, the learned Special Judge is directed to expedite the trial and endeavour shall be made to conclude it at the earliest and no unnecessary adjournment shall be granted to the parties. 10. With the aforesaid, Miscellaneous Criminal Case No.3004/2015 is dismissed.