ABHISHEK CHAURASIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition is filed by Abhishek Chaurasiya in crime No.153/2017 registered at Police Station GRP District Ujjain for the offence under Section 8/20, 29, 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity here-in-after referred to as the NDPS Act), claiming that he has been impleaded in the array of the accused only on the basis of disclosure statement of co-accused Shoaib S/o Abdul Nazir from whose possession police has recovered 30 Kg of Cannabis 'Ganja'.

(2.) As per prosecution case on 21.08.2017, ASI Pramod Jamodkar of GRP, Ujjain received a credible information that Shoib is about to go from back side road of parcel office of railway towards the city to deliver cannabis (ganja) to some smuggler. Cannabis is kept in a white colour bag of fertilizer, which he is carrying. Observing the due process, the police caught Shoib and recovered 30 kg cannabis from his possession. On interrogation, he revealed that one Naresh had called him from Howrah that he is sending a parcel from Howrah to Ujjain. He asked him to deliver the parcel to the petitioner Abhishek. The petitioner was taken into custody. On interrogation, he also admitted the same fact.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner is not concerned with the crime. Neither any contraband is recovered from his possession nor there is any other evidence to connect him with the alleged crime. He was neither named in the information received by the police nor was found present on the spot at the time of the recovery of contraband from the co-accused. He was not aware of any direction of co-accused Naresh, as claimed by the prosecution, that the contraband was meant to deliver to him. He has no nexus with Naresh or any other co-accused person. The police has foisted false case on him.