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Madhya Pradesh High Court · body

2020 DIGILAW 1071 (MP)

Vikash Choudhry v. State Of Madhya Pradesh

2020-10-09

MOHD FAHIM ANWAR

body2020
JUDGMENT Mohd Fahim Anwar, J. - Case diary is available with Panel Lawyer. 2. Heard. 3. This is repeat-third application filed under Section 439 of Cr. P. C. for grant of bail to the applicant, as he has been arrested in connection with crime No.210/2019, registered at P. S. Gohalpur, Jabalpur for commission of offence punishable under Sections 8/21 of NDPS Act. 4. Prosecution case in short is that on 26.3.2019 on the information of informer the applicant was intercepted near Chandal Bhata, Pili Building, on his search he was found in possession of 13 gram Smack (Brown Sugar), the same was seized and applicant was arrested. On that basis aforesaid crime has been registered against the applicant. 5. Learned counsel for the applicant has submitted that the applicant has not committed any offence and he has been falsely implicated in the case. The applicant is in judicial custody since 27.3.2019. The applicant is permanent resident of the address mentioned in the application and there is no chance of tampering with the prosecution evidence. He is ready and willing to furnish adequate surety and will abide by all the directions and conditions which may be imposed by the Court. 6. Learned counsel for the State opposes the prayer for the grant of bail to the applicant. 7. Earlier two applications of the applicant were dismissed as withdrawn vide orders dated 24.6.2019 and 7.2.2020 passed in M. Cr. C. No.21134/2019 and M. Cr. C. No.573/2020. 8. Although the applicant is in judicial custody since 27.3.2019, but looking to the quantity of seized Smack (Brown Sugar) i. e. 13 grams, which is more than small quantity and other facts and circumstances of the case, I am of the considered view that it is not a fit case for grant of bail to the applicant. Hence, without expressing any opinion on merits of the matter, this repeat-third application filed under Section 439 of Cr. P.C. for grant of bail to the applicant is hereby dismissed. 9. C. C. as per rules.