PRAKASH @ PRAKASH CHANDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicants/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 19.03.2019 passed by Special Judge, NDPS Act ,District Neemuch in Special Session Trial No.10/2019 whereby the charges under Section 8/18 (C) , 29 of N.D.P.S. Act has been framed against the applicants.

(2.) Brief facts of the case are that on 21.09.2018, Assistant Sub Inspector Police Station- Neemuch Cantt. Devendra Singh Senger received a source information from the informant that two person gone by motorcycle bearing registration No. MP-09-QC-7910 towards Baghana to Neemuch with illegal opium to give some smuggler. Thereafter police party reached on the spot and prepared necessary panchnamas and called two independent witnesses. After that as per information they saw two person came by motorcycle. Police stopped them and intimated the information received from informnant and asked the name of accused person. They introduced their name as Balbu and Parsuram. On search, 2 kg 400 grm opium was found in the possession of the co-accused Bablu and 2 kg. 600 gram opium was found in the possession of the co- accused Parsuram, which was seized by the police. Thereafter police registered the FIR bearing crime No.492/2018 for the offence punishable under Section 8/18 (C), 29 of NDPS Act and arrested them. Their statement under has been recorded in which they informed that they procured the alleged contraband from the applicant, Prakash, Bhanwarlal and Ashok Kumar and going to hand over it to the same person behind Ganesh Mandir situated Neemuch Ground. On the basis of which, the applicants are implicated in the present crime and arrested them. After completion of investigation, charge-sheet was filed.

(3.) The trial court by impugned order framed the charges against the applicant for the offence under Section 8/18 (C) , 29 of N.D.P.S. Act . Being dissatisfied with the aforesaid order, the applicant has preferred this revision petition before this Court.