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Madhya Pradesh High Court

Nasruddin vs The State Of Madhya Pradesh on 3 September, 2019

Author: Shailendra Shukla

Bench: Shailendra Shukla

                              1
  HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
         MISC. CRIMINAL CASE NO.30559 OF 2019
         (Nasruddin vs State of Madhya Pradesh)


Indore, Dated 03.09.2019
     Shri Himanshu Thakur, learned counsel for the
applicant.
     Shri Anil Ojha, learned counsel for the non-
applicant/State.
     Arguments Heard.
                            ORDER

This is the first bail application filed by the applicant- Nasruddin under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.15/19 registered at Police Station-City Kotwali, District- Mandsaur (MP) for the offence punishable under Sections 8/15 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

As per prosecution story, 100 kilograms of poppy straw was seized from the possession of applicant which was recovered from Indica Vista Car on 07.01.2019 at about 7:30 pm near Mandsaur. Recovery was made at 7:30 pm and the sole occupant in the car was the present applicant.

Learned counsel for the applicant had earlier submitted that the same car bearing registration No.MP14CB-3765 was seen in the Toll Post between Jaora to Mandsaur road at 7:30 am and the vehicle had been allowed to passby showing the same as police 2 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISC. CRIMINAL CASE NO.30559 OF 2019 (Nasruddin vs State of Madhya Pradesh) vehicle. Learned counsel submits that the same vehicle had proceeded towards Mandsaur in the morning and if it was allowed to be passed as police vehicle, the prosecution story is rendered suspicious when the same vehicle is found to be carrying poppy straw at 7:30 pm. Learned counsel has filed document showing the vehicle which has passed through Toll Post between Jaora and Mandsaur road on 07.01.2019. This document shows that a vehicle bearing registration No.MP14CB-3765 had passed through Toll Post at 7:38 am and a remark of 'ID not verified' has been shown in the document. This Court in order to ascertain the averments had sought verification report.

Sub-Inspector, Gaurav Laad had sought CCTV footage from the Toll Company managing the Toll Post of the vehicles which had passed the Toll Post on 07.01.2019 between 7:30 am to 7:38 am. Response was sent by the concerned road authorities that such data is preserved only for 72 hours, therefore, no CCTV footage could be obtained.

Learned counsel for the State has submitted that the witnesses in their statements recorded under Section 161 of Criminal Procedure Code have given the statements in detail as to the manner in which the vehicle was intercepted and the applicant was found to be carrying 100 3 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISC. CRIMINAL CASE NO.30559 OF 2019 (Nasruddin vs State of Madhya Pradesh) kilograms of poppy straw and all the witnesses have stated that the applicant was not opening up the door of the car even when asked to do so and looked nervous. It has also been pointed out that the vehicle did not carry any number plate when it was intercepted. It was only later on that its registration number was found to be MP14CB-3765.

Learned counsel also submits that this case involves seizure of commercial quantity of poppy straw. Hence objection has been raised again for grant of bail.

Considered the submissions and perused the case diary.

There was a huge gap of twelve hours between the time when Indica car was seen crossing the Toll Post and the time when the same car was intercepted in the night. The Indica Car which was allowed to passby through the Toll Post without document verification does show that some influential person who knew the Toll Post employees may have been instrumental in doing so. However, when the vehicle was intercepted in the night its registration number had been taken off. This shows that there was an attempt to avoid detection. Charge-sheet contains documents and statements which at this stage cannot be termed to be suspicious or unreliable. The applicant was driving the vehicle whose owner was one-Narendra against whom another case under NDPS Act was 4 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISC. CRIMINAL CASE NO.30559 OF 2019 (Nasruddin vs State of Madhya Pradesh) registered. As far as the applicant is concerned, he was found to be carrying huge quantity of poppy straw which was "commercial" quantity wise and therefore he would be presumed to be having knowledge as also the possession of poppy straw. It cannot be stated that there is a reasonable ground to believe that the applicant had not committed any offence under the NDPS Act. Hence, in view of Section 37 of NDPS Act, the bail application filed by the applicant under Section 439 of Code of Criminal Procedure, 1973 stands rejected.

(SHAILENDRA SHUKLA) JUDGE Arun/-