Madhya Pradesh High Court
Shriram vs The State Of Madhya Pradesh on 14 January, 2020
Author: Virender Singh
Bench: Virender Singh
HIGH COURT OF MADHYA PRADESH; BENCH AT INDORE
MCRC No.52917/2019 and 52232/2019
Shri Ram and Liyakat Ali Vs. State of MP
Indore: Dated 14.01.2020
Shri Yashpal Rathore, learned counsel for the petitioner in M.Cr.C
No.52917/2019.
Shri Amit Singh Sisodiya, learned counsel for the petitioner in M.Cr.C
No.52232/2019.
Shri R.S Darbar, learned Public Prosecutor for the respondent/State.
Heard with the aid of case diary.
ORDER
Both these petitions have arisen out of same crime number of same police station, therefore, they are heard together and are being disposed of by this common order.
2. These are first bail applications under Section 439 of Cr.P.C. in Crime No.111/2019 under Section 8/15 of the NDPS Act registered at Police Station- Singoli, District-Neemuch.
3. According to the prosecution case, the petitioners were found in possession of 64 kgs illegal poppy straw when their car Hyundai Verma bearing registration no. MH 08 M4747 was searched by the police on 31.05.2019.
4. The main contention of the learned counsel for the petitioners is that according to Moka Panchnama, 64 kgs illegal poppy straw was recovered from their possession and according to Roz Namcha, the recovery of contraband was weighed at the police station. This proceeding was photographed by the police. Photographs annexed with the charge sheet show that the contraband was only 50 kgs, therefore, the case of the prosecution is doubtful and the petitioners be granted bail.
5. Learned public prosecutor has submitted that the photographs produced by the police with the charge sheet, in which weighing machine showing weight of the bag 50 kgs is not weight of 4 bags recovered from the prosecution. When compared with the other bags, which were actually recovered from the petitioners, the bags kept on weighing machine showing 50 kgs weight is clearly a different bag. Roz Namcha dated 02.06.2019 in which proceedings of weighing the contraband is recorded shows that the contraband was first taken out from the bag originally recovered from the petitioners. It was made homogeneous and thereafter kept in the bag and weighted. Therefore, it cannot be said that the HIGH COURT OF MADHYA PRADESH; BENCH AT INDORE MCRC No.52917/2019 and 52232/2019 Shri Ram and Liyakat Ali Vs. State of MP weight of recovered contraband was 50 kgs. The documents prepared on the spot or at the police station sufficiently shows recovery of commercial quantity of contraband from the possession of the petitioners, therefore, they are not entitled for bail.
6. I have considered rival contentions of the parties and have perused the documents produced with the charge sheet and demonstrated by the learned counsel for the parties.
7. After going through all the documents, in the considered opinion of this Court, no case for granting bail is made out, therefore, both the applications are dismissed.
(Virender Singh) Judge sourabh Digitally signed by SOURABH YADAV Date: 2020.01.16 17:39:03 +05'30'