HARI SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard with the aid of case diary.

(2.) This is first application filed under Sec. 438 Cr.P.C seeking anticipatory bail, as the applicant/accused is apprehending his arrest in connection with FIR/Crime No.546/2022 dated (not mentioned) registered at Police Station - Shamgarh, District - Mandsaur (M.P.) for the offence punishable under Ss. 8/15, 25 and 29 of NDPS Act.

(3.) Prosecution case, in brief, is that on 25/12/2022, two unknown persons were transporting Poppy Straw in Mahindra Bolero bearing registration No.MP-14-CG-2565, after seeing the Police, both the aforesaid persons fled away from the spot. The Police has searched the vehicle and it was found that there was 480 kg of Poppy Straw in the vehicle. The Police had seized the aforesaid contraband substance from the aforesaid vehicle and FIR was lodged against the unknown persons. During investigation, it was found that the aforesaid vehicle was registered in the name of co-accused Govind. The Police had arrested the co-accused Govind and his statement under Sec. 27 of Evidence Act was recorded. In his statement, the co-accused Govind had disclosed that the contraband was transported by Ishwar and Kamlesh. Co-accused Radheshyam is supplier of contraband and the contraband was kept in the courtyard (Bada) of the present applicant and the aforesaid contraband was to be supplied to co-accused Shyam.