RAMESHCHANDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application moved by the accused/applicant under Section 439 of the Cr.P.C for grant of bail in connection with Crime No.303/2018 registered at Police Station Sitamau, District Mandsaur for the offence punishable under Section 8/15 of the NDPS Act.

(2.) As per the prosecution story, upon discrete information Police from Thana Sitamau intercepted the Indigo SLR Car bearing registration No. MP-09-LB-6644 at Sitamau- Mandsaur Road, Morkheda Fanta, Sitamau. The Police fund 160 kg poppy straw kept in seven gunny bags in the back seat of the car. The applicant was arrested. After completing the investigation challan has been filed. The seized contraband was found in conscious possession of the applicant as he was driving the said car. The challan has been filed on 27.12.2018, hence, present petition before this Court.

(3.) Shri Romil Malpani, learned counsel for the applicant submits that the applicant has been falsely implicated in the case by the Police and the complete story is concocted. The applicant has no criminal antecedents. He is not the owner of the offending vehicle as the same is registered in the name of Jaffar Khan (now dead) who had sold the vehicle to one Umar Mohammed later on who also died in May, 2011. He has placed reliance over Notification 1/89, according to which it is mandatory required that in case of more than one container/bag, one sample shall be drawn from each bag (in duplicate). But in the present case, only two samples were taken by mixing poppy straw of all the seven bags. Other mandatory provisions like Section 41, 52, 55, 52 A have not been complied with. From the photographs, the size of the bags are visible and such big 7 bags cannot be kept in the rear seat or front seat of a sedan car, therefore, the applicant is entitled for grant of bail.