RAJULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Sec. 482 of the Cr.P.C. has been preferred by the petitioner/accused for quashment of FIR No.122/2024 registered at Police Station Ratangarh, District Neemuch for offences punishable under Ss. 8/15 and 29 of the NDPS Act, 1985 and the Final Report No.151/2024 dtd. 26/9/2024 filed before the Court concerned.

(2.) The facts of the case in brief are that on 9/5/2024 upon receipt of a secret information, the Police party reached the informed spot which was a well in the field of co-accused Ramchandra situated at Gram Muvada, Tehsil Singoli, District Neemuch. On search total 600 kgs. of contraband poppy straw was recovered from the said well. On the basis of recovery of contraband, co-accused Ramchandra was implicated in the matter. Thereafter, his memorandum under Sec. 27 of the Evidence Act was recorded in which he stated to have procured the contraband from the petitioner. On the basis of the same, the petitioner has been implicated for the present offence. After completion of the investigation, charge-sheet has been filed by the Police before the Court concerned.

(3.) Learned counsel for the petitioner/accused submits that the petitioner 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 Ramchandra. 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 deserve to be quashed. Learned counsel for the petitioner has placed reliance on orders passed by this Court in Ramniwas Vs. The State of Madhya Pradesh [MCRC No.51243/2023]; Shafi Kha Vs. The State of Madhya Pradesh [MCRC No.52563/2023] and Kamal Singh Sondhiya Vs. The State of Madhya Pradesh [MCRC No.19934/2023].