Madhya Pradesh High Court

Shitesh Gupta vs The State Of Madhya Pradesh on 25 April, 2024

Author:
Dinesh Kumar Paliwal

Bench:
Dinesh Kumar Paliwal
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 25 th OF APRIL, 2024
MISC. CRIMINAL CASE No. 15107 of 2024

BETWEEN:-
SHITESH GUPTA S/O SHRI SHIVKUMAR GUPTA, AGED
ABOUT 40 YEARS, OCCUPATION: BUSINESS RESIDENT
OF NEAR HANUMAN MANDIR BEOHARI POLICE
STATION BEOHARI DISTRICT SHAHDOL (MADHYA
PRADESH)

.....APPLICANT
(BY SHRI MANISH DATT - SENIOR ADVOCATE WITH SHRI MAYANK
SHARMA - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
S TATION BEOHARI DISTRICT SHAHDOL (MADHYA
PRADESH)

.....RESPONDENTS
(BY SHRI AMIT DUBEY - PANEL LAWYER)

This application coming on for admission this day, the court passed the
following:
ORDER

This is third bail application filed by the applicant under
Section 439
of
the Cr.P.C. for grant of regular bail relating to FIR No.172/2023, dated
26.02.2023 registered at Police Station-Beohari, District - Shahdol (M.P.) for
commission of offence punishable under
Section 8
,
and
of the NDPS Act
and under Section 5/13 of M.P. Drug Control Act. Applicant is in detention
since 26.02.2023.

2. Applicant's first bail application was dismissed as withdrawn and not

Signature Not Verified

Signed by: JASLEEN SINGH

SALUJA

Signing time: 4/25/2024

5:45:38 PM
pressed vide order dated 05.09.2023 passed in M.Cr.C.No.24925/2023. His
second bail application was also dismissed as withdrawn and not pressed vide
order dated 01.02.2024, passed in M.Cr.C.No.56793/2023.

3. As per the prosecution story, on 26.02.2023, 25 Onrex Cough Syrup
having codeine phosphate was seized from the possession of the present
applicant. FIR was registered.

4. Learned counsel for the applicant has submitted that applicant has not
committed any offence. He is innocent. He has been falsely implicated. He is in
jail for last more than one year. Therefore, it is prayed that applicant may be
released on bail, pending the trial.

5. On the other hand, learned counsel for the State opposed the prayer
for grant of bail to the applicant and has submitted that seized quantity is a
commercial quantity. Applicant has a criminal background of nine cases and
out of these nine cases two cases of same nature under
NDPS Act
were
registered against him in the year 2022 and this case has been registered in the
year 2023. He is a habitual offender and is continuously involved in possessing
and selling contraband. Therefore, he has prayed for rejection of this bail
application.

6. In this case a commercial quantity of contraband has been seized from
the possession of the applicant. Undoubtedly, he is in jail for the last one year,
but it cannot be overlooked that he is a habitual offender and except this case
two cases under
NDPS Act
were registered against him and in the previous year
i.e. 2022.
Section 37
of the NDPS Act put a bar on the grant of bail where a
commercial quantity of contraband has been seized and its provision lays two
limitations: (i) that Court is prima-facie of view that accused is not guilty of the
offence and; (ii) he is not likely to commit any offence while on bail. As

Signature Not Verified

Signed by: JASLEEN SINGH

SALUJA

Signing time: 4/25/2024

5:45:38 PM
accused is already having criminal background of two cases under
NDPS Act

and after release on bail in those cases, he has been again found involved in
same nature of offence and commercial quantity has been seized. Therefore, no
opinion can be formed that he will not commit same type of offence while on
bail. Hence, I am of the view that no case for grant of bail is made out.

7. Consequently, this third bail application too under
Section 439
of the
Code of Criminal Procedure for grant of bail filed on behalf of applicant -
Shitesh Gupta is dismissed.

(DINESH KUMAR PALIWAL)
JUDGE
Jasleen

Signature Not Verified

Signed by: JASLEEN SINGH

SALUJA

Signing time: 4/25/2024

5:45:38 PM