UMRAO SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Arguments are heard on this first bail application under section 439 of the Code of Criminal Procedure.

(2.) The accused/applicant is in custody with reference to Crime No. 139/2006 of Police Station Shamgarh, District Mandsaur for offence punishable under Section 8/15 (c) of the NDPS Act.

(3.) According to the prosecution at the relevant time at an open place poppy straw placed in different bags were found lying and the accused/applicant was sitting over one of the bags and his motor-cycle was standing nearby. The learned counsel for the applicant submitted that merely the sitting of the accused/applicant over one of the bags wherein poppy straw was filled does not lead to the presumption that the accused/applicant was in conscious possession of the contraband and in that connection he relies upon 2003-04 Cri.L.R. (SC) [Suppl.] 454 (Avtar Singh and Others v. State of Punjab).