BHERULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 482 of the Code of Criminal Procedure, for quashment of FIR No.281/2023 registered against the petitioner at Police Station Alot, District Ratlam for commission of offence u/S 8/18 and 29 of the NDPS Act.

(2.) Prosecution story, in brief is that on 11/5/2023, co-accused Vasudev was found having and transporting 07 kgs. of Opium by a motorcycle bearing registration no. MP-43-DR-1346, without having any licence or authority. The police had seized the aforementioned contraband and motorcycle from the possession of co-accused. Accordingly, an FIR was lodged against him. During investigation, the petitioner was implicated in the case on the basis of memorandum statement given by co-accused Vasudev.

(3.) Learned counsel for the applicant/accused submits that the applicant has not committed the offence and he has falsely been implicated in the case solely on the basis of memorandum statement recorded u/S 27 of the Evidence Act of co-accused Vasudev. It has further been submitted that no evidence is available against him on record. It is also submitted that the petitioner was not present at the time of offence. It is hence submitted that since there is no material whatsoever on record against the petitioner besides the memorandum of co-accused recorded u/S 27 of the Evidence Act, which is not admissible in evidence and no recovery pursuant to the same has been made, the proceedings against the petitioner deserves to be quashed. Learned counsel has placed reliance on the case passed by Coordinate Bench of this Court in Ramniwas V The State of Madhya Pradesh [MCRC No.51243/2023]; Shafi Kha V The State of Madhya Pradesh [MCRC No.52563/2023] and Kamal Singh Sondhiya V The State of Madhya Pradesh [MCRC No.19934/2023].