OMPRAKASH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No.422/2023 registered at Police Station Jawad, District Neemuch (M.P.) for the offence under Ss. 8/18, 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985. The applicant is in custody since 27/11/2023.

(2.) As per the prosecution story, on 19/09/2023 police got a discreet information from the informant regarding the illegal transportation of the contraband. Acting upon the said information, police party reached on the spot and intercepted the accused and upon asking he disclosed his name as Ghanshyam (co-accused) and recovered 02.100 Kilogram opium from his possession, without having any valid licence. On the basis of memorandum under Sec. 27 of the Evidence Act given by the co-accused, present applicant has been implicated in this offence. Accordingly, a case has been registered against the present applicant and co-accused.

(3.) Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Applicant is in custody since 27/11/2023. Investigation is almost over. The seized quantity of contraband from the co-accused is below than the commercial quantity and nothing has been recovered from the possession of present applicant. Applicant is not having any criminal antecedent. Co-accused Ghanshyam has been enlarged on bail by this Court vide order dtd. 17/10/2023 passed in MCRC No.46631/2023. Applicant is the permanent resident of Neemuch district and final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.