SHYAMLAL Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this application filed under Section 439 of the Cr.P.C. the applicant Shyamlal has moved the application for grant of bail being implicated in Crime No. 238/2011 registered by police station Piplyamandi, Distt.

(2.) Mandsaur for offence under Sections 8 / 15, 25 & 29 of the NDPS Act. Counsel for the applicant has vehemently urged the fact that the applicant has been implicated merely because he is the registered owner of the vehicle i.e. Truck bearing registration No. RJ -20 -GA -0029 from which the doda chora (poppy straw) has been recovered. Counsel also vehemently urged the fact that the vehicle had already been sold almost 15 days prior to the incident by the present applicant and, therefore, it was purely a case of false implication and the applicant was entitled to grant of bail. Counsel also relied on Balwinder Singh and others v. Astt. Commissioner, Custom and Central Excise (AIR 2005 SC 2917) to state that the Apex Court had clearly stated that when there was no evidence to show that the appellant had no control over the vehicle nor he was the possession of the said Truck, then the conviction of the appellant, based on the solely ground that he was the registered owner of the vehicle was not proper and the Apex Court had acquitted the accused from the offence under Sections 8/ 18 & 21 of the NDPS Act. Counsel prayed that the applicant was entitled to be enlarged on bail.

(3.) ON considering the above submissions, the impugned order and material available in the case diary and placing reliance on Balwinder Singh (supra), I find that the application needs to be allowed in the interest of justice. The application is, therefore, allowed.