MADAN Vs. STATE OF MP

JUDGEMENT

(1.) This Criminal Revision under section 397 r/w section 401 of Cr.P.C. is filed against the order passed by the learned Special Judge under NDPS Act in Special Sessions Trial No.27/2012 dated 17.06.2014 whereby the learned Special Judge framed charges against the present applicant Madan S/o Devram Patidar under section 8/15 r/w section 29 NDPS Act.

(2.) According to the prosecution story, on 03.06.2012 a source information was received by Police Station Y.D. Nagar, District Mandsaur that in multi excel vehicle bearing registration No.RT09 -G -4154 contraband poppy straw was being transported by the accused persons. Acting on this source information, the vehicle was intercepted and it was found that the vehicle was being driven by co -accused Samundar Singh S/o Chutraram Vishnoi. Other persons travelling in the vehicle was Bharat S/o Sohanram Vishnoi. A search was made and during the search 176 bags of contraband poppy straw was seized. Total weight of contraband poppy straw was 53 quintals and 98 kilograms. During investigation, they gave their disclosure memo in which it was stated that one Shankar @ Samrath loaded the contraband poppy straw in the vehicle. The said Shankar @ Samrath was also arrested and in his disclosure memo, it was stated that the present applicant was sitting in the Pipliya Jungle with the contraband poppy straw and he along with Piyush Patidar and Gudwant loaded the poppy straw in the vehicle. On this disclosure the present applicant was arrested. No seizure was made from his possession.

(3.) After investigation, the charge -sheet was filed and charges were framed by the learned Special Judge by the impugned order.