IQBAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application under Sec. 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail. The applicant is apprehending his arrest in connection with Crime No.74/2022 registered at Police Station Piploda, District Ratlam (MP) for offence punishable under Ss. 8/18, 29 of the NDPS Act.

(2.) . As per the prosecution, on 11/4/2022 on receipt of a secret information the Police recovered 400 grams of opium from the possession of co-accused Vikaram @ Viklal and Rooplal which was being transported by them on a motorcycle bearing registration No.RJ-35-AK-7740. On recording of their memorandum under Sec. 27 of the Evidence Act to the effect that they had procured the contraband from the present applicant, he has been implicated in the present offence.

(3.) . Learned counsel for the applicant submits that besides the memorandum of co-accused recorded under Sec. 27 of the Evidence Act and the call details between the applicant and the co-accused, there is no other material available to connect the applicant with the present case. The applicant is not having any criminal antecedents. On such grounds prayer for grant of benefit of anticipatory bail to applicant has been made.