Madhya Pradesh High Court
Jabid Khan vs Union Of India Through Central Bureau Of ... on 21 February, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:4733
1 MCRC-6726-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 21st OF FEBRUARY, 2025
MISC. CRIMINAL CASE No. 6726 of 2025
JABID KHAN
Versus
UNION OF INDIA THROUGH CENTRAL BUREAU OF NARCOTICS
Appearance:
Shri Shashank Sharma, learned counsel for the applicant.
Shri Manoj Kumar Soni, learned counsel for the respondent/CBN
ORDER
This first bail application under Section 482 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (equivalent to Section 438 of Cr.P.C.) has been filed
by the applicant- Jabid Khan S/o Chhothu Khan for grant of anticipatory
bail, who is apprehending his arrest in connection with Crime No.03/2024
registered at Police Station Central Bureau of Narcotics Ujjain, District
Ujjain (M.P.) for commission of offences under Sections 8/42, 15 and 29 of
the NDPS Act, 1985.
2. As per prosecution case, the allegation against the applicant is that
36 quintals of poppy straw has been recovered from the possession of the
applicant. Accordingly, offence has been registered against him.
3. Learned counsel for the applicant submits that applicant has been
arraigned in the case only on the ground that truck wherein more than 36
quintals of poppy straw has been recovered is registered in the name of the
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applicant. He has further submitted that the applicant has duly signed Form
No.30 and other documents and transferred the truck in the name of Shravan
Kumar on 13.10.2023 therefore applicant cannot be held liable for the
contraband which has been seized in the aforesaid truck. The applicant is not
the resident of the place where the notice was served. For this he has relied
on the judgment of the Apex Court in the case of State of Haryana Vs.
Samarth Kumar Criminal Appeal No.1005/2022 decided on 20.07.2022.
There is no sufficient evidence available on record to establish the complicity
of the accused with the alleged crime. There is no likelihood of his
absconding or tampering with evidence. He will cooperate with the
investigation. On these contentions, learned counsel prays for allowing the
application for grant of anticipatory bail.
4. Per contra, learned counsel for the respondent/CBN has
vehemently opposed the prayer on the ground that truck was not actually
transferred in the name of transferee. After the date of incident on
20.06.2024, report was lodged after six months of the incident on 08.12.2024
at Police Station Balasore, district Jaipur about theft of the vehicle which in
itself falsifies the submission of the counsel for the applicant about the
transfer of the truck. Investigation is going on and he is not complying with
the instructions and also not co-operating with the investigation officer
therefore, he is not entitled for grant of anticipatory bail. Hence, prays for
dismissal of the application.
5. Heard learned counsel for the parties and perused the case diary.
6. In the aforesaid factual backdrop when the truck from where huge
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commercial quantity of poppy straw has been recovered has been registered
in the name of the applicant and also keeping in view the bar under Section
37 of the NDPS Act, this Court is not inclined to grant benefit of anticipatory
bail to the applicant. The judgment relied upon by the learned counsel for the
applicant is distinguishable in facts which is of no help to the applicant.
Accordingly, application under Section 482 of Bharatiya Nagarik
Suraksha Sanhita, 2023 is dismissed.
(BINOD KUMAR DWIVEDI)
JUDGE
RJ
