RANJAN Vs. STATE OF M P

JUDGEMENT

(1.) Both these petitions are the first bail applications of Ranjan and Sandeep under Section 439 of Cr.P.C. in Crime No.08/2018 under Sections 8/21 of the NDPS Act, 1985 registered at Police Station-Narcotics Cell, DistrictIndore.

(2.) In short, the case of the prosecution is that on 09.04.2018, Police Station, Narcotics Cell, Indore received information that last night i.e. 08.04.2018, Eskuf cough syrup having Codeine Phosphate is loaded in a truck bearing registration No. M.P.-09-HH-1996 from a godown near Center Point shrouded among bags of potatoes and onions. The truck is parked at a petrol pump on A.B. Road before Dakachya and driver Mohanlal will take it to Siliguri (West Bangal) to sell that Eskuf cough Syrup to the druggies/addicts. The truck will depart about 5-5:30 P.M. If the action is taken without delay, the contraband can be recovered. Immediately a team headed by Inspector B.D. Tripathi sent to the place indicated by the informer and a trap was laid near Bridge of Kshipra River. After a while, the team saw the truck coming from Dakachya side and got it stopped. Following due process, when the truck was searched, 400 boxes containing 64000 bottles of 100 ml each of Eskuf Cough Syrup kept concealed amidst 145 bags of onions and 7 bags of potatoes were recovered. Driver Mohanlal was having no document regarding transport of the same, while at the same time; he was having all relevant documents regarding transportation of onion and potatoes.

(3.) Mohanlal was taken into custody. On interrogation, he disclosed that owner Kaushal Singh has taken the truck to the godown of Gopal Mittal situated near Central Point, Mangliai, Indore and from that godown, Ranjan Shukla (the petitioner) has loaded the syrup.