Ravendra Patel @ Ravi v. The State Of Madhya Pradesh

unload the same and consignment would be kept at some hidden place. Information was recorded. After following due procedure, Police party proceeded towards village Kuiya Kala Canal. When they reached Kuiya Kala Canal they found a container parked there. One tractor and one Bolera car were also standing there. Devidas Totare R/o Anjur Bihwadi, Police Station Thane, Maharastra met. He was the driver of TATA container bearing registration number MH-04-KU-4250. In search of container six white colour sacks and 300 box of Joy cream were found loaded. One Swarj tractor bearing registration number MP-17-AA-5828 with trolley was also parked there and Praful Patel alias Golu was sitting on the driver seat. Ravendra Patel alias Ravi was found sitting in trolley and in it 17 white colour sacks were kept. One Bolero car bearing registration number MP-65-BB-0310 was also there and on it Satish Sondhiya was sitting on the driver seat while Aditya Patel and Harshlal Patel were sitting on the middle seat. On the rear and middle seat of Bolero 9 white colour sacks were found kept. Panchanama was prepared. Applicants were informed about their right of giving search to some Gazetted Officer or Magistrate, but they agreed to give search to Police Inspector. In search of the container 12 cartons were found kept in 6 sacks and from every carton 120 - 120 Onerex cough syrup having codeine phosphate were seized while from the tractor of Praful Patel alias Golu and Ravendra Patel alias Ravi. 34 carton kept in 17 sacks were seized and in total 4080 bottles of Onerex cough syrup having codeine phosphate were seized whereas from Satish Sondhiya, Aditya Patel and Harshlal Patel's Bolero 18 cartons kept in 09 sacks were seized and 2160 bottles of Onerex

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cough syrup having codeine phosphate were seized. Seizure panchnama were prepared. Applicants could not produce any license, medical prescriptions or other valid documents to keep such a huge quantity of contraband in their possession. In total 7680 Onerex cough syrup bottles having codeine phosphate were seized. After investigation charge sheet has been filed. 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 neither owner of the tractor nor he was driver of the tractor. He was travelling in the trolley as a passenger. He had no knowledge that Onerex cough syrup is kept in the tractor trolley. Therefore, it is prayed that the applicant may be released on bail, pending the trial. 5 . On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail and submits that a huge commercial quantity of Onerex cough syrup having codeine phosphate has been seized from the conscious possession of the applicant. He has also invited attention of the Court towards provisions of Section 37 of the NDPS Act and has prayed for rejection of the bail application.

6. In the case in hand a huge quantity of Onerex cough syrup having codeine phosphate has been seized from the joint possession of the applicant and other co-accused. In case of commercial quantity Section 37 of the Act restrict grant of bail and lay down two limitations (1) That Court is prima facie of view that accused is not guilty of offence and (2) that he is not likely to commit any offence while on bail please see Chandan Das Vs. State of

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(DINESH KUMAR PALIWAL)

JUDGE

W.B (2020) 13 SCC 411 . Applicant has been found in conscious possession of the contraband and seized quantity is huge. Therefore, having taken into consideration all the facts and circumstances of the case, but without expressing any opinion on the merits of the case, I am of view that it is not a fit case for grant of bail.

7. Consequently, this first bail application filed on behalf of the applicant Ravendra Patel alias Ravi is dismissed. Vin**

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