BANESINGH Vs. MADHYA PRADESH STATE

JUDGEMENT

(1.) Heard finally with consent.

(2.) By this petition under section 482 of Cr.P.C., 1973 the petitioner has prayed for quashing the challan as well as FIR in crime No. 113/12 registered at Police Station Soyatkala District Shajapur under Section 8/15 of NDPS Act.

(3.) Learned counsel for petitioner submits that petitioner has been implicated only on the basis of memorandum of co-accused Ishwar under Section 27 of Evidence Act recorded on 6/10/2012. He further submits that main accused Kamal and Ishwar were intercepted and the vehicle loaded with contraband item was seized. He also submits that in the alleged memo the allegation is that petitioner had loaded the contraband item. He also submits that apart from the memo of co-accused Ishwar recorded under Section 27 of Evidence Act there is no other connecting material on the basis of which petitioner can be held to be involved in the commission of alleged offence.