LAWS(MPH)-2019-8-74

HARSIMRAN SINGH Vs. STATE OF M.P.

Decided On August 29, 2019
Harsimran Singh Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) THE applicant has filed the present criminal revision under Sections 397 and 401 of Code of Criminal Procedure challenging the order of framing charge against the applicant ? Harsimransingh under Sections 8/15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [in brief "the NDPS Act"] in Special S.T.No.13/2018 on 08.06.2019.

(2.) The case of the prosecution, in short, was that on 03.07.2018 pursuant to an information received by police team of Bhanpura Police Station, District Mandsaur, intercepted a truck bearing registration number PB-11/BU- 4728. The information received was that the truck shall be carrying poppy straw hidden along with the sacks of Onions. On interception, it was found that there were 277 sacks of Onions weighing 15332 kgs. After unloading the Onion sacks from the truck, it was found that there were 6 red, green and yellow colour plastic bags. In one bag, there were 20 smaller bags while in other five bags contained 25-25 smaller bags. Thus, 145 kgs. of poppy straw was seized from Karnelsingh who was found in the truck. Karnelsingh in his memorandum recorded on 06.07.2018 has stated that the poppy straw was given to him by the present applicant Harsimransingh at a place near Punjabi Dhaba in Jaora- Namli (Ratlam). Harsimransingh was apprehended on 07.07.2018 and gave memorandum that he had given 6 sacks of poppy straw weighing 145 kgs. and that he had obtained poppy straw from one Mahendra Babu in Jaora and Harsimransingh proposed to get Mahendra Babu arrested. However, there is no document on record to show that Mahendra Babu was in fact arrested.

(3.) The question before this Court is whether such statements constitute any evidence or not ?