LAWS(MPH)-2022-2-8

KAMRUDDIN Vs. UNION OF INDIA

Decided On February 09, 2022
KAMRUDDIN Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) These fist applications under sec. 439 of Cr.P.C. have been filed on behalf of the applicants, who are behind the bars 20/12/2020 in connection with Crime No.7/2020, registered at Police Station Narcotic Control Bureau, District Indore for the offence punishable under Ss. 8/20, 25, 27(a)/28 read with Sec. 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) As per the case of prosecution, the applicants alongwith co-accused were travelling from Andhra Pradesh to Shahjapur in a white-coloured Mahindra Bolero Jeep bearing registration No.MP-53-CA-0945. On receiving an information from some reliable informant that in the said vehicle, the applicants were transporting exceedingly large quantity of contraband, therefore, the said vehicle was intercepted by the police team and after making superficial enquiry, the said vehicle was conducted to the nearest police station and on being ransacked, 80.351 kg of ganja was recovered from the said vehicle. Thereafter, a panchnama and other formalities were done and then the offence under the aforesaid Sec. was registered against the applicants and co-accused.

(3.) Learned counsels for the applicants submit that as per prosecution's own case, the vehicle was intercepted by the respondent on 20/12/2020 at about 5.30 pm. at Bus-stop Chauraha, Harda, where usually it remains extreme congested traffic and to thoroughly inspect the vehicle and complete other formalities, the vehicle was taken to the nearest police station, where extensive search was made and seizure memo was prepared.