BALKISHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Through instant petition, accused has come before this Court for grant of bail under Sec. 439 of the Cr.P.C. in connection with crime registered pursuant to Case No. 1/2022 CBN, Nimach (Madhya Pradesh) in respect of offences punishable under Sec. (s) 8/15, 8/18 and 8/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) Earlier, petitioner made endeavor for seeking bail by way of filing first bail application but the same was dismissed as withdrawn with liberty to file fresh after recording of the statement of the seizure officer.

(3.) Before delving upon questions of bail, it will be apt to lay factual canvass which unfolds that on 10/1/2022 at 20.40 hours, residential house of petitioner Balkishan situated in Khempura Basti, Village Kanera in tehsil Nimbahera was raided along with his team by the Purshotam Meena, inspector of CBN Neemach (M.P.). When team reached to the house, two persons managed to fled away through the roof of the house. After following due procedure, a pickup vehicle No. RJ-27-GC-5765 which was found parked in the compound, was searched and recovery of 1108.200 Kg. of poppy straw and 650 grams of opium was made from the vehicle.