JOGIRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short the Code) has been preferred by the petitioner/accused for quashing the FIR No.241/2021, dtd. 30/6/2021 registered at Police Station - Suvasara, District - Mandsaur and the final charge-sheet filed against the petitioner and the subsequent proceedings pursuant thereto which are in respect of offence punishable under Ss. 8/15, 25, and 29 of the N.D.P.S. Act.

(2.) As per the prosecution, on 30/6/2021, on receipt of a secret information the co-accused Kherajram was apprehended while he was traveling from Gandhi Sagar to Garoth Shamgarh on Mandsaur highway and total 250 quintal of poppy straw was recovered from his possession which was being transported b y him in a Truck bearing registration No.RJ-14-GC-9893 in 125 bags. Thereafter, his memorandum under Sec. 27 of the Evidence Act was recorded, in which he stated that the petitioner and other co-accused had approached him for the purpose of transportation of the contraband. On the basis of the said memorandum the petitioner has been implicated for the present offence and the chargesheet has been filed against him before the Court concerned.

(3.) Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the case. He was neither present on the spot nor was any contraband recovered from his possession. The petitioner is not the owner of the vehicle. His implication is only on the basis of the disclosure statement of co-accused person recorded under Sec. 27 of the Indian Evidence Act in which he deposed that petitioner and other co-accused had approached him for the purpose of transportation of the contraband. However, no fact as such could be discovered on the basis of the aforesaid statement therefore there is no legally admissible evidence within the meaning of Sec. 27 of the Indian Evidence Act amounting to discovery of fact. Apart from this, there is no other evidence available on record to connect the petitioner with the present crime. It is hence submitted that the FIR against the petitioner deserves to be quashed.