BHURU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) They are heard. Perused the case diary / challan papers. This is the applicant's First application under Sec. 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime No.545/2019 registered at Police Station Industrial Area, Jaora, District Ratlam (MP) for offence punishable under Sec. 8 read with Ss. 15, 25, 29, 27 (A) and 31 (A) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein after referred to as the Act) and also under Ss. 307, 147, 148, 332, 333, 336 and 149 of the Indian Penal Code, 1860.

(2.) The applicant is in custody since 30/10/2021 (As per memo). The allegation against the applicant is that he was also involved in the aforesaid offence, wherein the contraband poppy straw, weighing 256.800 kilograms has been seized from the possession of two accused persons viz. Javed Mev S/o Jahid Mev and Atta-ul-rahman S/o Abdul Rauf.

(3.) Counsel for the applicant has submitted that the case of the present applicant is identical to the co-accused persons Attaul Rehman S/o Abdul Rauf and Javed S/o Shri Jahid Khan who have already been granted bail by this Court in M.Cr.C. No.47329/2022 and M.Cr.C. No.37836/2022 vide order dtd. 29/9/2022 and 22/9/2022 respectively (copy placed on record).