MANJIT KAUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application under Sec. 439 of Criminal Procedure Code, 1973. Applicant is implicated in connection with Crime No.110/2021 registered at Police Station Ringnod, District Ratlam (MP) for offence punishable under Sec. 8/15, 29 of the NDPS Act. The applicant is in custody since 14/10/2022.

(2.) As per the prosecution, on 9/4/2021 on receipt of a secret information the police recovered 130 quintal of contraband dodachura from a truck bearing registration No. PB/13/AW/9117 at Kalaliya Fanta in Mandsaur Ratlam Highway from co-accused Harneksingh and Surendrasingh. On recording of their memorandum under Sec. 27 of the Evidence Act to the effect that they had taken the vehicle from the present applicant and on the ground that he is the registered owner of the vehicle, the applicant has been implicated and arrested for the present offence.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. His implication is solely on the basis of memorandum of co-accused recorded under Sec. 27 of the Evidence Act and the fact that he is the registered owner of the vehicle. There is nothing to indicate that the vehicle was taken by the co-accused from the applicant by intimating him that the same shall be used for the purpose of transportation of the contraband. On the contrary, it is apparent from the memorandum that the co-accused had taken the vehicle for business purpose without specifying that purpose. There is no direct evidence to connect the applicant with the present crime and no recovery has been made from him. The applicant is not having any criminal antecedents. On such grounds prayer for grant of bail to the applicant has been made.