RAMKISHORE Vs. STATE OF M.P.

JUDGEMENT

(1.) They are heard. Perused the case diary/challan papers. This is the first application under Section 439 of Criminal Procedure Code, 1973, as he/she is implicated in connection with Crime No.164/2019 registered at Police Station Singoli, District Neemuch (MP) for offence punishable under Sections 8/18, 25 and 29 of the N.D.P.S. Act, 1985. The applicant is in custody since 13/10/2019.

(2.) Allegation against the applicant is that he was found in possession of 15 kg of opium on 13/10/2019, the commercial quantity of which is 2.5 kg.

(3.) In Criminal Appeal No.799 of 2016, this Court, while discussing case of Arif Khan alias Agha Khan (supra) has distinguished the same as under:-