Dinesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6345 MP

-1-                                           MCRC No.33634/2021

HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
                        MCRC NO.33634/2021
Dinesh s/o Maganlalji Kumawat
Age 38 years, occupation Agriculturist
R/o village Jawasiya, Tehsil Mandsaur
District Mandsaur M.P                         ...... Petitioner

vs.
State of M.P through P.S
Bhavgarh, district Mandsaur M.P                ......Respondent.

04.10.2021: (Indore):
      Shri Shishir Kumar Purohit, learned counsel for the petitioner.
      Smt.Mamta Shandilya, learned GA for the State.
      Heard.
                              ORDER

This is a petition filed under section 482 Cr.P.C. for qushment of the charge sheet filed in crime no.138/2019 registered at police station Bhavgarh, district Mandsaur for the offence punishable under section 8/15 & 25 of the NDPS Act.

2. As per the prosecution story, Shivkumar Yadav, Inspector police station Bhavgarh received discrete information on 27.3.2019 about transportation of large quantities of contraband. He along with ASI O.P Rathore, Head Constable Jitendra Bhati, Constables Sandeep Yadav, Prakash and Rajpal in Government vehicle No.MP03A-3666 reached the location and put a barricade near Pipalkhedi Katlar. After some time they found a tractor with a trolley coming but after seeing the police and barricades, the driver of the tractor stopped the vehicle at some distance and jumped from the tractor. The Constable Rajpal and Omprakash identified him as Dinesh Kumawat s/o Maganlal r/o village Jawasiya. They chased him but he managed to flee away. In presence of the witnesses, tractor No.MP-14-AC-6150 was searched but nothing was found. Thereafter the trolley bearing chassis no.37913 was searched, in which 33 boxes were found in the trolley. After the opening of the sacks, the entire Poppy straw was mixed and weight was taken which was found 8 quintals and 25 kg. An FIR was

-2- MCRC No.33634/2021

registered against the applicant u/s 8 & 15 of the NDPS Act . On the basis of the registration number of the tractor and trolly, Mangilal Kumawat resident of Jawasiya was found to be the owner .

3. The petitioner was arrested on 23.10.2020 and his memo u/s 27 of the Evidence Act was recorded on 24.10.2020 in which he disclosed that Mangilal gave him the aforesaid tractor loaded with poppy straw for transportation but since the police were checking the vehicle, therefore, he had left the tractor trolley and flee away from the spot.

4. Learned counsel for the petitioner submits that applicant has been falsely implicated in this case only on the basis of suspicion. There was no basis for the Constables Rajpal and Omprakash to identify the applicant on the spot especially at night. He is neither owner of the tractor-trolley nor owner of the contraband. The police have failed to arrest the owner: Mangilal till date. The charge sheet has been filed on 14.4.2021. It is further submitted by the learned counsel that on the date of the alleged incident the applicant was not even present on the spot. He was admitted to the District Hospital, Sukma (Chhattisgarh) on 24.3.2019 and he was discharged from the hospital on 28.3.2019. He has filed the photocopy of the indoor ticket and the treatment chart. His father Maganlal has made a complaint to the DGP for an impartial investigation in the matter. In support of his contention, learned counsel has placed reliance over the judgment passed by this Court in the case of Dharmendra vs. State of M.P & other - (MCRC No.19835/2018) in which the FIR/charge sheet has been quashed on the ground that except the memorandum statement recorded under section 27 of the Evidence Act nothing incriminating material is available in the Police Case Dairy /Final Report ( Chalan) as the case may be, hence the FIR may kindly be quashed against the petitioner.

5. Learned Government Advocate opposes the petition filed under section 482 Cr.p.C on the ground that the petitioner has been duly identified by the members of the trap team. The petitioner would get an opportunity to cross-examine them during the trial. The charges have been framed and for the last 4-5 months the trial is fixed for

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evidence of the prosecution witnesses. So far the admit card of the petitioner in the District Hospital, Sukhma, Chhatisgarh is concerned, the investigation had already been closed long back and the charge sheet is filed against the petitioner. The documents which are being relied upon in defence by the petitioner are not liable to be considered at the time of the investigation. The petitioner/accused is having the liberty to produce these documents in defence before the trial Court.

Heard learned counsel for the parties and perused the case diary.

6. As per the record produced by the learned Government Advocate, the following criminal cases have been registered against the petitioner.

N Name Name of                Crim Sectio Challa Fo. Seized
o. of      accused and        e    n      n No. Mu. materi
   police address              No.               N. al
   station
1 Bhavg Dinesh s/o  27/09 294,                90/13.0 300 -
   arh     Maganlal       353,                5.0     3/23
           Kumawat r/o    147,                        .01.


                          IPC
2 Bhavg Dinesh s/o  465/1 8/18                29/20.0 ST       1 kg.

        Kumawat r/o       Act                         2/21     gm.
        Jawasiya                                      /02.     afeem

3 HathunDinesh s/o  108/1 307,
  ia    Maganlal    4     34
  district
        Kumawat r/o       IPC/
  PratapJawasiya          25/27
  garh                    Arms
                          Act

  arh   Maganlal    7     29                  me               quintal
        Kumawat r/o       NDPS                vivech           80 kg.
        Jawasiya          Act                 anadee           Dodda
                                              n                choora
                                                               valued
                                                               at Rs.8
 -4-                                             MCRC No.33634/2021

                                                                lakhs
5 Bhavg Dinesh s/o  138/1 8/18 Vivech
  arh   Maganlal    9     NDPS ana me
        Kumawat r/o       Act
        Jawasiya

7. The petitioner is having a strong criminal history. He is already facing two criminal trials under the NDPS Act, therefore, he cannot plead that he is an innocent person and has been falsely implicated by the police. There is no reason for the police witnesses to depose against him. The petitioner was seen running from the spot after leaving the contraband and the tractor-trolley. The trial has reached the stage of evidence. The petitioner is free to cross-examine those two witnesses viz. Constable Rajpal and Omprakash. So far the documents relating to the admission and treatment in the hospital are concerned, the stage of investigation had already been over. The charges have been framed against the petitioner. Those documents relating to his admission to the Government hospital can be produced at the time of defence evidence before the trial Court, hence no case for quashment of the charge sheet is made out. Accordingly, the petition is dismissed.

(VIVEK RUSIA) Digitally signed by HARI JUDGE KUMAR C G NAIR Date: 2021.10.07 16:30:21 +05'30' hk/