DILIP Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both the petitions have been filed under Section 439 Cr.P.C. in the same crime number 13/2019 under Sections 8/22 and 8/29 of the N.D.P.S. Act, 1985 registered at Police Station--Narcotics Cell, District--Indore, therefore, they are heard analogously and are being decided by this common order.

(2.) This is first bail applications petitioner Dilip and Second petition of Paras. His first bail application was dismissed as withdrawn vide order dated 30.5.2019 passed in M.Cr.C. No. 15591 of 2019.

(3.) The case of the prosecution in short is that on 13.3.2019 at about 7.00 in the morning Constables Devendra Singh Kushwaha and Rakesh Sharma received a credible secret information that Dilip Jain S/o Kamalchand Jain (petitioner), who is indulge in illegal trade of Narcotics Drugs and sales and supplies such Drugs to the addicts is going to deliver Alprazolam at College Road, Square, Ratlam to some party/buyers between 12.00 to 13.00 hours. Both the Constables intimated their seniors. They were asked to call independent witnesses. Constable Devendra Kushwaha called Israr and Shubham. They both were intimated about the information received. Observing the process prescribed by the law, a police team departed from the Police Station at 8.30 A.M. The team reached on the spot at about 11.45 AM and hide themselves. At about 12.30 PM, a person of the same physic and particulars as intimated by the informer was seen coming towards the College Square. He was having a plastic bag in his hand. He was surrounded by the force. On interrogation, he revealed his name Dilip Kathlani (Jain) S/o Kamalchandra Jain (petitioner). He was intimated about the information received by the police and also about his right of search before Magistrate or Gazetted Officer. Following the due process, search was made. 32 packets containing 8 leaves each with 5 strips each, having 15 tablets each, total 1280 strips and total 19,200 Alprazolam tablets were found in the bag, which he was carrying. Each Alprazolam tablets was of 0.50 mg. Thus, total quantity of Alprazolam was found 211.200 mg. He was asked to show any license or other valid documents for having possession of the tablets recovered from him. He admitted that he has no such document, therefore, he was taken into custody. Observing the due process prescribed by the law, the case was registered.