TAHIR 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. for grant of bail to the applicant/accused, relating to FIR/Crime No.70/2023 dated (not mentioned) registered at Police Station Afzalpur, 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 29/3/2023, co-accused Nirmal Singh was found having and transporting 1306.500 kgs. of Poppy Straw in a truck bearing registration No.PB11-CJ-4430, without having any license or authority. The police had seized the aforesaid contraband and vehicle from the possession of co-accused. Accordingly, a crime was registered against him. During investigation, it was found that applicant had supplied the aforesaid contraband to the co-accused.

(3.) Learned counsel for the applicant submits that the applicant/accused 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 Nirmal Singh. No contraband has been seized from the possession of the applicant. There is no legal evidence available against him. Applicant is in custody since 3/4/2023. After completion of investigation, charge-sheet has been filed and the trial will take sufficient long time for its disposal, therefore, it is prayed that present applicant/accused be released on bail.