Madhya Pradesh High Court
Union Of India Narcotics Control ... vs Kayyum on 15 February, 2022
Author: Vivek Rusia
- : 1 :-
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
ON THE 15th OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 25263 of 2020
Between:-
UNION OF INDIA NARCOTICS CONTROL
BUREAU ZONAL UNIT INDORE THR. VIJAY
SINGH SHINDE INTELIGENCE OFFICER
NARCOTICS CONTROL BUREAU ZONAL
UNIT INDORE (MADHYA PRADESH)
.....APPLICANT
(BY SHRI MANOJ SONI, LEARNED COUNSEL)
AND
KAYYUM S/O MOHD. NISAR AHMED , AGED
ABOUT 26 YEARS, OCCUPATION: LABOUR
AYODHYA BASTI, BEHIND BHACHAVAT
SHOW ROOM SANJIT ROAD MANDSAUR
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI AMIT SINGH SISODIA )
VIVEK RUSIA J. passed the following:
ORDER
This is a petition under Section 378(3) and (5) Code of
Criminal Procedure, 1973 (for short 'The Code') seeking leave to
appeal against judgment dated 11.01.2020 passed by Special
Judge N.D.P.S Act, Neemuch in Special (NDPS) Case
No.31/2018 whereby the respondent/accused has been acquitted
from the charges under Section 8/29 and 18(B) of N.D.P.S. Act.
- : 2 :-
As per prosecution story, on 02.10.2012, Sanjay Kumar
Acharya of Narcotics Control Bureau (NCB) has received a
discrete information that co-accused Pappulal Porwal alongwith
applicant are going through Maruti Van bearing registration No.
MP-09-V-0769 to receive 10 kg. Opium, thereafter they would be
proceeded to deliver the same to co-accused Imran @ Aarif. After
recording the information, a team was constituted and reached to
the location given by the informant. Near about 11:30, the team
found the aforesaid vehicle, it was stopped and introduction was
given. Co-accused Pappulal was found to drive the vehicle and
after completion of section 50 of N.D.P.S., thereafter vehicle was
searched and from which three bags containing 09 kg. 610 gram
opium was found. The co-accused Pappulal was arrested but at the
time of search the applicant was not present there. The statement
under Section 67 of NDPS Act was recorded of Pappulal in which
he disclosed the name of applicant.
After due appreciation of the entire evidence available on
record, the trial court by the impugned judgment dated 11.01.2020
acquitted the respondent from the aforesaid charges. Aggrieved by
which the applicant/State has filed this petition for grant of leave
to appeal against the impugned judgment.
We have heard learned counsel for the parties and perused
the impugned judgment.
- : 3 :-
It is not in dispute that applicant has been made accused
only on the basis of statement of Pappulal. He was not found in
the Maruti Van bearing registration No. MP-09-V-0769. His
name only came in the discrete information given to the
investigation Officer.
Recently, the Apex Court in the case of Tofan Singh Vs.
State of Tamil Nadu, (2021) 4 SCC 1 has held that statement
under Section 67 of N.D.P.S. Act is not admissible. Apart from the
statement, nothing incriminating has been collected by the
prosecution to implead the applicant in the crime.
Resultantly, We do not find any ground for grant of leave to
appeal against the judgment of acquittal, accordingly, this petition
is hereby dismissed.
Certified copy as per Rules.
( VIVEK RUSIA ) ( RAJENDRA KUMAR (VERMA )
JUDGE JUDGE
praveen/-
Digitally signed by
PRAVEEN NAYAK
Date: 2022.02.15 18:21:51
+05'30'
