BABULAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first application filed u/s 439 Cr.P.C seeking bail in connection with Crime No.361/2019 registered at police station- Sendhwa Gramin, District- Barwani for the offence punishable u/s 8/15 of the NDPS Act.

(2.) As per prosecution story on 17/7/2019 an Innova bearing registration No.GJ-6-EH-1975 met with an accident with a bullock cart near Nivali Road, Budhgaon phata. The driver and two others ran away from the spot after leaving the said Innova car on the spot. The police registered a case of accident and also searched the vehicle from which 9 bags were found. After opening of the said bags 100.165 kg. poppy straw was found and recovered. Police has registered an FIR u/s 8/15 of the NDPS Act against unknown persons and started investigation. The investigation has revealed that the said vehicle is registered in the name of Rupesh who gave this vehicle on rent to Aswini Travels. Aswini proprietor of Ashwin travels had mortgaged this vehicle to Mohd. Ali and thereafter Mohd. Ali had mortgaged this vehicle to the Manish@ Manaram. As per the prosecution case the applicant was sitting in the vehicle along with Manish@ Manaram and Ashok at the time of accident and accordingly all the three have been made accused. Out of 3 only the co-accused Manish@ Manaram was arrested since 22/4/2020 and his statement u/s 27 of the Evidence Act has been recorded and on the basis of which the present applicant has been implicated in this case.

(3.) Learned counsel for the applicant submits that the prosecution has not collected any documentary evidence to connect applicant in this case. Neither he is owner of the vehicle nor the owner of the poppy straw. The applicant has made accused only on the basis of the memorandum statement of co-accused- Manish@ Manaram recorded under Sec. 27 of the Evidence Act which is not an admissible evidence. The applicant has unnecessarily been made accused in the matter. He has no criminal past.