MOHAN Vs. STAET OF M.P.

JUDGEMENT

(1.) Heard finally, with the consent of the parties.

(2.) This petition has been filed by the petitioner Mohan S/o. Sitaram Gurjar under Sec. 482 of Cr.P.C. for quashing the FIR dtd. 12/10/2019, lodged at Crime No.180 of 2019 at Police Station Kukdeshwer, Neemuch for the offences punishable under Ss. 8/15 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Sec. 420 of Indian Penal Code, 1860, and for quashing the subsequent proceedings emanating there from.

(3.) In brief, the facts of the case are that on 12/10/2019, on the basis of a secret information received from an informer, a Bolero car bearing registration No.RJ-27-GB-3155 was apprehended, however, the persons occupying the same absconded from the scene, and from the said vehicle 357 kg of poppy straw was seized, which was kept in 21 sacks. Subsequently, co-accused Sundarlal was arrested on 29/1/2020, who in his memo prepared under Sec. 27 of the Evidence Act, 1872 has stated that the present petitioner was piloting the aforesaid Bolero vehicle through his motorcycle bearing registration No.MP-44-MD-8077, and thus, on the basis of the said memo, present petitioner has been arraigned in the present case.