NAUSHAD KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision has been filed by the applicant under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure questioning the legality, validity and propriety of order dtd. 20/10/2022 passed in Special Case SCNDPS No.64/2020 by the Special Judge, NDPS Act, Bhopal whereby his application filed under Sec. 233 read with Sec. 315 of the CrPC for appointing a Commission has been rejected by the trial Court.

(2.) As per the facts of the case, an offence was registered against the applicant and other co-accused persons vide Crime No.104/2020 at Police Station Crime Branch, Bhopal on the ground that the police after receiving a tip-off on 12/7/2020 at about 1.40 pm that the accused persons are carrying ganja in a car, intercepted the car i.e. Hyundai Santro Car bearing registration No.MP-09-HE-7744 near Bhanpur from which three persons namely Surjeet Singh Malviya, Brijesh Kumar Dangi and Vasant Kumar Bhaumik were arrested whereas the present applicant and other co-accused person namely Mushtaq Khan @ Bhola ran away from spot. However, as per prosecution, 30 kgs of ganja was seized by the police from the said car.

(3.) Since the present applicant and other co-accused person namely Mushtaq Khan @ Bhola were not arrested from spot, therefore, they had been granted bail.