Madhya Pradesh High Court
Bapusingh vs The State Of Madhya Pradesh on 12 May, 2022
Author: Rajendra Kumar (Verma)
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
ON THE 12th OF MAY, 2022
MISC. CRIMINAL CASE No. 8952 of 2020
Between:-
1. BAPUSINGH S/O RADHUSINGH GURJAR , AGED
ABOUT 25 YEARS, OCCUPATION: KHETI
VILLAGE BARUKHEDA, THANA SITAMAU,
(MADHYA PRADESH)
2. MANOHARSINGH S/O RADHU SINGH GURJAR ,
AGED ABOUT 30 YEARS, OCCUPATION:
AGRICULTURE R/O : GRAM BARUKHEDA
THANA SITAMAU DIST MANDASAUR (MADHYA
PRADESH)
3. SHIVSINGH S/O RADHUSINGH GURJAR , AGED
ABOUT 26 YEARS, OCCUPATION: AGRICULTURE
R/O : GRAM BARUKHEDA THANA SITAMAU
DIST MANDASAUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI RAJESH YADAV, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH P.S. AFJALPUR
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MS. VERSHA THAKUR, DY. GA FOR STATE)
This PETITION coming on for ADMISSION this day, but with
the consent of parties, heard finally and the court passed the
following:
ORDER
Signature Not VerifiedDigitally signed by
SAN AMIT KUMAR
Date: 2022.05.13
11:26:29 IST This petition has been filed under Section 482 of Cr.P.C. for
quashment of FIR arising out of Crime No.142/2017 registered at
Police Station Afjalpur, Mandsaur as well as the subsequent
proceedings pending in Special ST No.01/2018 before the Special
Judge, (NDPS Act), Mandsaur under Sections 8/15 and 25 and 29 of
the NDPS Act.
A s per the prosecution story, on 04.07.2017, on a secret
information by the informer, the police has intercepted the silver color
tempotrax vehicle bearing registration No.MP-13BA-1290 carrying
poppy straw by the co-accused Sachin. later on, on the basis of
disclosure statement by the co-accused, the police has implicated the
present petitioners. Hence, the case was registered against the petitioner
and other co-0accused persons.
Learned counsel for the petitioners submits that the petitioners
have been implicated in the present case only on the basis of statements
of Co-accused Sachin recorded under Section 27 of the Evidence Act.
Except the memo of Co-accused Sachin, there is nothing on record
against the petitioners to implicate them in the present case. Counsel for
the petitioners further submits that in the similar facts and
circumstances of the case, this Court, in the case of Narendra Kumar
vs. State of Madhya Pradesh passed in CRR No.341/2019 decided
on 15.03.2019 has quashed the FIR and subsequent proceedings
pending against the petitioners therein. Hence, in view of the judgment
Signature Not VerifiedDigitally signed by
SAN AMIT KUMAR
Date: 2022.05.13
passed in the case of Narendra Kumar (Supra), this petition is liable
11:26:29 IST
to be allowed.
On the other hand, counsel for the State has opposed the prayer by
submitting that the petitioners were implicated due to their involvement
in transportation of illegal contraband. Hence, they are not entitled for
any relief. However, on the specific query from this Court about other
evidence except the statements of co-accused recorded under Section 27
of the Evidence Act, the counsel has replied negatively.
I have heard the learned counsel for the parties and perused the
record.
Section 27 of 'The Act', in terms, provides that only that
information which distinctly relates to the discovery of fact is
admissible in evidence. In the landmark decision of Privy Council in the
case of Pulukuri Kottaya vs. Emperor, AIR 1947 P.C. 67, it has been
held that unless there is discovery of fact, statement made u/S. 27 of
'The Act' has no evidentiary value. It has further been held that in a case,
it can seldom happen that information leading to discovery of a fact can
be made, the foundation of the prosecution case because it is one link in
the chain of proof and the other links must be forged in the manner
allowed by law.
Considering the fact that in the present case the only material to
implicate the present applicant is the disclosure made by co-accused
Sachin, which is not a legal evidence, therefore this petition filed under
Signature Not VerifiedDigitally signed by
SAN AMIT KUMAR
Date: 2022.05.13
section 482 of 'the Code' is allowed. The FIR arising out of Crime
11:26:29 IST
No.142/2017 registered at Police Station Afjalpur, Mandsaur as well as
the subsequent proceedings pending in Special ST No.01/2018 before
the Special Judge, (NDPS Act), Mandsaur under Sections 8/15 and 25
and 29 of the NDPS Act, are hereby quashed. The petitioners are
discharged from the aforesaid charges.
Their bail bonds, if any, stands discharged.
With the aforesaid, the petition stands disposed off.
A copy of this order be sent to the trial Court concerned for
necessary information.
Certified copy as per Rules.
(RAJENDRA KUMAR (VERMA))
JUDGE
amit
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN AMIT KUMAR
Date: 2022.05.13
11:26:29 IST
