ABDUL JABBAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application under Sec. 439 of Criminal Procedure Code, 1973. The applicant is implicated in connection with Crime No.160/2023 registered at Police Station Ratangarh, District Neemuch (MP) for offence punishable under Sec. 8/15 of Narcotic Drugs and Psycrtopic Substances Act, 1985. The applicant is in custody since 18/8/2023.

(2.) As per the prosecution, on 18/8/2023 on receipt of a secret information the Police party carried out a blockade at Jaat Vijaypur Road, Gol Dungri Chouraha and recovered total 400 k.g. of contraband Poppy Straw from the possession of the applicant which was being transported by him in a tractor trolley bearing registration No.MP-44 -AB-8662. On the basis of the recovery made from the applicant, he has been implicated and arrested for the present offence.

(3.) Learned counsel for the applicant submits that the materiel which was being transported by the applicant was a licensed product and he has been granted licence for cultivation of Poppy Straw for the period 1/10/2021 to 30/9/2022 and from 1/10/2022 up to 30/9/2023 in Village Jaat-C Singroli, District-Neemuch over survey No.523. The applicant was transporting the product from the field to the house hence it cannot be said that any illegal transportation has been done by the applicant. The investigation has been completed and charge sheet has been filed and the applicant is in custody since 18/8/2023. The trial shall take time for its conclusion. On such grounds prayer for grant of bail to the applicant has been made.