MADANLAL Vs. L K MANGAL

JUDGEMENT

(1.) This is a transfer petition u/s. 407 Cr. P.C. seeking transfer of Cr. Case No. 2011190 pending in the Court of C.J .M. Indore, to a Court of competent jurisdiction at Mandsaur.

(2.) It is a prosecution u/s. 8/18 of the N.D.P.S. Act. The accusation against the petitioner is that on 1-5-1989 brown sugar in sizable quantity was recovered from a room of Meghdoot Hotel, Indore allegedly in occupation and possession of the petitioner. Similarly in continuation on 2-5-1989, 70 gms. of opium powder was recovered from the almirah in the petitioners shop at Mandsaur. It is said that the proprietor of Meghdoot Hotel has friendly relations with one Mohammed Shafi of Mandsaur who also own a hotel by name Sagar International at Indore. The petitioner is locked in civil litigation relating to property with this Modh. Shafi. It is also alleged that the 1.0. of this case Shri Mangal and the said Shri Shafi are very close, to each other. The case is false and cooked up against the petitioner. In fact a report relating to fabrication of false case has also been lodged against Shri Mangal of Police Station, Mandsaur.

(3.) Transfer of the case is sought essentially on the ground that the petitioner bas risk to his life and limb at Indore; where he is required to attend the case. He can contest in a better manner and with sense of assurance of personal safety and security at Mandsaur.