SHANKARLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision petition under Section 397 read with Section 401 of Cr.P.C. has been preferred by the applicant being aggrieved by the order dated 21/12/2018 passed by Special Judge (NDPS Act), Mandsaur, in S.S.T. No.35/2018, by which the trial Court has framed charges under Section 8/15, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) The facts of the case, briefly stated, are that on 03/07/2018, police received a source information that one person namely Ajij Khan was going by motor-cycle bearing Registration No. MP 14 BC 5332 towards Khodana Fanta, Mhow-Neemuch road with illegal Poppystraw. On the basis of this information, police intercepted the motorcycle and asked the name of the accused persons who stated his name as Ajij Khan. Police briefed them about the secret information. During search, police recovered 26 Kgs and 500 grams of poppy straw from the possession of the applicant. After completing necessary formalities police arrested Ajij Khan and recorded his statement under Section 27 of the Indian Evidence Act, in which he informed the police that at the instance of the present applicant, he was transporting the alleged contraband for delivering it to one Richalalmuha. On that basis, the applicant has also been implicated in the present crime.

(3.) It is submitted by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present matter. It is further submitted that the present applicant was not present on the spot and no contra-band has been recovered from his possession. The complicity of the applicant is alleged only on the basis of the disclosure statement, said to have been made by Ajij Khan, in which he has deposed that at the instance of the present applicant, he was transporting the alleged contraband, for delivering it to one Richalalmuha however, no fact as such could be discovered on the basis of his statement, therefore, there is no legally admissible evidence within the meaning of Section 27 of the Indian Evidence Act, 1872 (for short 'The Act') amounting to discovery of fact. Apart from this there is no other evidence available on record to connect the applicant with the present crime. Hence he prayed that impugned order of the trial court be set aside and the applicant be discharged from the aforesaid offences.