PRASHANT RAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application has been filed on behalf of the applicant under section 439 of the Cr.P.C, for offences under section 8(c)/20 (B) A (ii) (c) of the NDPS Act, registered vide Crime No.04/2019, at P.S. NCB Indore, District Bhopal.

(2.) The present applicant is in judicial custody since 23.11.2019 in the aforesaid case.

(3.) The allegation against the applicant is that he was the prospective receiver of the contraband. The contraband is 404 kilograms of Ganja, which was being transported by a truck and which was intercepted by the respondent. The section 67 statements under NDPS Act of the co-accused Radhe Raikwar and Sukhbir Singh were recorded. They stated that the truck belonged to one Manish Gupta and the material that was purchased was from one Dilip and the same was to be supplied to the applicant herein. Admittedly, the evidence against the applicant is only the statements under section 67 of the co-accused Radhe Raikwar and Sukhbir Singh. It is also an admitted position that nothing incriminating has been seized from the applicant herein.