LAWS(MPH)-2023-5-103

SANTOSH Vs. STATE OF MADHYA PRADESH

Decided On May 29, 2023
SANTOSH Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is the applicant's first bail application filed under Sec. 439 of Cr.P.C. The applicant is implicated in connection with Crime No 549/2022 registered at Police Station ' Jawad, District-Neemuch (MP) for offence punishable under Ss. 8/15, 29 of NDPS Act. The applicant is in custody since 30/03/2023

(2.) The allegation against the present applicant is that he was also involved in the aforesaid case whereas 8 Qt. 40 kg poppy straw has been seized from the possession of co-accused persons namely Aarif and Vikram.

(3.) Counsel for the applicant has submitted that in the memo of the co-accused persons namely Arif and Vikram recorded under Sec. 27 of the Evidence Act, it is stated that they procured the aforesaid contraband from the present applicant. Apart from the aforesaid memo, there is nothing on record to connect the applicant with the aforesaid offence. It is also submitted that the applicant is in jail since 30/03/2023 and the final conclusion of the trial is likely to take a long time. In such circumstances, it is prayed that the application be allowed and the applicant be released on bail.