ASHOK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard with the aid of case diary. This is first application filed under Sec. 439 of Cr.P.C. seeking bail by the applicant/accused, relating to FIR/Crime No.647/2023 dated (not mentioned) registered at Police Station Kotwali, District Mandsaur (M.P.) for commission of offence punishable under Ss. 8/15 and 29 of the NDPS Act.

(2.) Prosecution story, in brief is that on 2/12/2023, co-accused Mahesh Vishnoi was found in possession of 25 kgs. of Poppy Straw, without having any license or authority. During investigation, it was found that co-accused Ishwarlal Balai had supplied the aforesaid contraband to co-accused Mahesh Vishnoi. Thereafter, co-accused Ishwarlal Balai was arrested, who in his memorandum statement has named the present applicant Ashok Rawat and Rahul Balai, who had supplied him the aforesaid contraband.

(3.) Learned counsel for the applicant/accused person submits that the applicant has not committed the offence and he has falsely been implicated in the case only on the basis of memorandum statement given by co-accused Ishwarlal Balai. No contraband has been seized from the possession of present applicant. There is no legal evidence available against him. Applicant has no criminal past and is in custody since 4/12/2023. After completion of investigation, charge-sheet has been filed. Trial will take considerable long time for its disposal, therefore, it is prayed that the applicant be released on bail.