LAWS(MPH)-2024-2-44

PRABHULAL RATHORE Vs. STATE OF MADHYA PRADESH

Decided On February 05, 2024
Prabhulal Rathore Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is first application filed under Sec. 438 of Cr.P.C. for grant of anticipatory bail to the applicant/accused, relating to FIR/Crime No.510/2023 dated (not mentioned) registered at Police Station Alot, District Ratlam (M.P.) for commission of offence punishable under Ss. 8/15 and 8/18 of the NDPS Act.

(2.) Prosecution story in brief is that on 30/7/2023, co-accused Gopal Singh and Kishor Patidar were found transporting 60.600 kgs of Poppy Straw and 550 grms of Opium in a Swift Dzire car bearing registration No.MP09-WB-1601, without having any license or authority. During investigation, applicant was implicated in the case.

(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 of co-accused person Devilal. No contraband was seized from the possession of present applicant. There is no legal evidence against him. He is a reputed person. Police is trying to arrest him and if the police arrests him, his reputation will be spoiled therefore, it is prayed that the applicant be granted anticipatory bail.