KAILASH Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition is filed by petitioner Kailash in crime No.230/2019 registered at police Station Neemuch Cantt District Neemuch for the offence under Section 8/18 read with Section 29 of the NDPS Act, claiming that he has been impleaded in the array of accused on the basis of disclosure statement of co-accused Papparam from whose possession, the police have recovered 3 kg of illegal opium.

(2.) Fact of the case in brief are that on 8.4.2019, the police received a secret information from informant that co-accused Papparam is having in his possession 3 Kg of Opium and is sleeping in the public garden near showroom square and will soon go to Rajsthan. On the basis of said information, the police reached in the garden, accosted Papparam and inquired him about the bag he was carrying. Observing the due procedure, the bag was searched. 3 Kgs of illegal opium was found in the bag. The police seized the opium. On interrogation, Papparam disclosed that he had purchased the illegal opium from the petitioner.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner is not concerned with the crime. No contraband was recovered from his possession. He was neither named in the information received by the police nor was found present on the spot at the time of the recovery from the coaccused. He had never sold any opium to Papparam. The police has foisted false case on him.