SHANKARLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant/accused has preferred this petition under Section 397 read with Section 401 of Criminal Procedure Code (in short ' Cr.P.C .') against the order dated 19.12.2018 passed by Special Judge, NDPS Act , Javad, District Neemuch in Special Session Trial No.16/2018 whereby the charges under Section 8 R/w Section 15 (C) in alternate under Section 8 R/w Section 15 (C) /29 of NDPS Act has been framed against the applicant.

(2.) Brief facts of the case are that on 08.01.2018, Shivlal Kalmi, Assistant Sub Inspector, Police Station Javad received a secrete information from the informer that one white Nissan Terrano car bearing registration No.RJ-27-TC-0530 is coming with illegal poppy straw from Malhargarh and the said vehicle was driven by Virendra Singh @ Bhuru accompanied with Mahendra Singh. Police also got information that the aforesaid car is piloting by the applicant by riding motorcycle bearing registration No.MP-43-DS-1326. Police prepared the necessary panchnama and called independent witnesses. Thereafter police reached on the Neemuch Highway. After sometime they stopped the car and seized one quintal poppy straw, which was kept in four plastic bags. The driver of the car was Virendra Singh and co-accused Mahendra Singh was sitting in the car. Police also intercepted the motorcycle, which was ridden by the applicant. However, on search no contraband article was found in the motorcycle, thereafter police arrested the applicant and co-accused persons and recorded their statement under Section 27 of the Evidence Act and prepared the joint seizure memo of the Poppy straw from the applicant and co-accused persons. Police registered the case against the applicant and other co-accused persons under Section 8 / 15 , 29 of N.D.P.S. Act. After completion of the investigation, charge-sheet was filed.

(3.) The trial court by impugned order framed the charges against the applicant for the offence under Section 8 R/w Section 15 (C) in alternate under Section 8 R/w Section 15 (C) /29 of NDPS Act . Being dissatisfied with the aforesaid order, the applicant has preferred this revision petition before this Court.