PRABHULAL Vs. C B N GAROTH

JUDGEMENT

(1.) This order is for the disposal of the first bail application filed under Section 439 of Code of Criminal Procedure by the applicant Prabhulal. The applicant is involved in Crime No. 02/2010 of Police Station- CBN Garoth, District- Mandsaur registered under Sections 8/18(b) and 8/29 of the Narcotic Drugs and Psychotropic Substances Act.

(2.) According to the prosecution story, on 31/03/2010, Shri D.S. Meena, Inspector received an information from the informer that Kaluram along with one companion who may be Chitarmal Dhakad R/o Muwada, Police- Station Ratangarh would transport opium by his motorcycle bearing registration No. M.P.-44-MB-5257 in between 15.00 to 16.00 at Gandhi Sagar Gate No. 3 near Hanuman Temple.; he would deliver it to some smuggler. Hence on this information, panchanama about the information of the informer was prepared and raid party was arranged which reached the spot along with independent witnesses.

(3.) On the arrival of motorcycle bearing registration No. MP.-44-MB-5257 on which two persons were riding, it was found that they waited for someone about 15-20 minutes. Thereafter, as soon as they started motorcycle and his companion was sitting with the bag on the motorcycle, they were intercepted by the police party. On interrogation, driver of the motorcycle gave his introduction as Kalu S/o Omkarlal and pillion rider gave his introduction as Chhitarmal S/o Mangilal and they told the bag of their ownership. They were apprised with the information and after obtaining their due consent, the bag was searched in which two transparent white polythene bags were found which contained blackish substance which was found as opium on test and accused Kalu and Chhitarmal also accepted it to be opium. On weightment, each polythene bag was containing 8 kg opium and in all 16 kg opium. Thereafter, after obtaining two samples each of 25 grams, samples were sealed and the remaining quantity was also sealed on the spot and both the accused were arrested and after returning to police station, the above offence was registered.