JANAKRAM RAJWADE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 438 of the Code of Criminal Procedure for grant of anticipatory bail relating to FIR No.449/2022 registered at Police Station Chachai District Anuppur (M.P.) for the offence under Sec. 8/20 of NDPS Act.

(2.) As per the prosecution, 66.950 kg. Ganja was seized from a stationary vehicle by the police. It is stated that the driver after seeing the police party ran away from the spot. During the investigation, on the basis of registration of the vehicle, one Rajendra Prasad Rajbade was arrested, who in his memorandum has stated that his relative i.e. the present applicant has taken the vehicle from him for purchasing the vegetables, as his own vehicle has broken down. He has taken the name of present applicant along with two other persons. To verify his statement, a report was called from the counsel for the State.

(3.) As per the Panchanama dtd. 9/2/2023, it was found that the story put up by Rajendra Prasad Rajbade was correct and the vehicle of his relative i.e. of present applicant was parked stationary at his place from 13/10/2022.