RAHUL YADAV Vs. STATE OF MP

JUDGEMENT

(1.) This order shall also govern the disposal of MCRC No.26277/2018, as the same has arisen out of the same crime number.

(2.) These are the first bail applications under Section 439 of Cr.P.C. filed by the present applicants, who are in custody since 17.5.2018 in connection with Crime No.223/2018 registered at Police Station Belbagh, Jabalpur for the offences punishable under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act").

(3.) The prosecution story, in short, is that the present applicants were apprehended in connection with the aforesaid crime number on 17.5.2018 on an information given by the informant (Mukhbir) that applicant Awadesh Kumar Shukla, who is wearing blue full kurta is in possession of smack and he was accompanied by applicant Rahul Yadav, who is wearing reddish full shirt is also in possession of smack. Both these persons were stopped in front of Ghodha (Horse) Hospital, Beoharbagh Tiraha as they were waiting for some customer to sell the smack. On their apprehension at around 21:50, both the accused persons informed their names and further informed that accused Awadesh Kumar Shukla is a resident of Allahabad whereas Rahul Yadav is a resident of Sonpura District Pratapgarh (UP). According to the prosecution, their consent was obtained u/s.50 of the NDPS Act and on search each of them was found carrying 150 gm of smack. Thereafter two samples of 5 gms were prepared and the same were sent to the FSL. The applicants were arrested then and there only and were sent to the jail.