BHERULAL Vs. CENTRAL GOVERNMENT

JUDGEMENT

(1.) This first application under Sec. 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail has been filed by the applicant, who is apprehending his / her arrest in connection with Crime No.02/2020 registered at Police Station CNB Mandsaur, District Mandsaur (MP) for offence punishable under Sec. 8 read with Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred to as the Act).

(2.) The allegations against the applicant are that he was also involved in the aforesaid offence wherein, 1189.700 KG of poppy straw has been recovered from the possession of the co-accused Prem Nath Yogi s/o Shankar Nath Yogi, who, in his statement recorded under Sec. 27 of the Evidence Act, has stated that it was the applicant who introduced him to another co-accused Harish Dhakad s/o Bagdiram Dhakad who is involved in the smuggling of contraband.

(3.) Counsel for the applicant has submitted that the applicant has been falsely implicated on the basis of a memo prepared under Sec. 27 of the Evidence Act and there is no other material available on record to connect him with the offence. Counsel has further submitted that there are no criminal antecedents against the applicant and thus he is entitled to be released on anticipatory bail and the bar under Sec. 37 of the Act would not be applicable in the present facts and circumstances of the case.