RAMNIWAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) They are heard through Video Conferencing . Perused the case diary / challan papers.

(2.) Learned counsel for the applicant has submitted that this is the applicant's third application, as earlier bail application Miscellaneous Criminal Case No.22967/2019 was dismissed as withdrawn vide its order dated 02.07.2019 whereas Miscellaneous Criminal Case No.48085/2019 was dismissed on merits by this Court vide order dated 21.01.2020.

(3.) Facts in the present case are not disputed that the applicant is facing prosecution under Section 8 read with Section 15 and Section 29 of the Act in connection with recovery of 1239.765 kilograms of poppy straw from the co-accused Subhash s/o Rajaram Gurjar, who in his statement recorded under Section 67 of the Act, has stated that it was the present applicant who had loaded the aforesaid contraband in the vehicle. Earlier bail application of the applicant Miscellaneous Criminal Case No.48085/2019 was dismissed by this Court while observing that whether the statement recorded under Section 67 of the Act can be treated as confessional statement or not, is pending consideration before the Larger Bench of the Supreme Court; and has further proceeded to hold that confessional statement is admissible , while relying upon the decision rendered in the case of Mohammed Farin v. State Represented by the Intelligence Officer , 2019 8 SCC 811, has dismissed the bail application.