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2023 Supreme(MP) 803

PRANAY VERMA
Hemantsingh – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Vikas Jain, Advocate, Anendra Singh Parihar, Advocate
Final Result : Allowed

JUDGMENT

Pranay Verma, J. - Heard on the question of admission.

2. By this petition preferred under Section 482 of the Code of Criminal Procedure, 1973 (herein after referred to as the Code), the petitioner has prayed for quashment of the First Information Report (FIR) bearing Crime No.126/2022 registered at Police Station Narayangarh, District Mandsaur (MP); and criminal proceedings pending in the Court of Additional Special Judge (under NDPS Act), Mandsaur, District Mandsaur (MP) in Special Sessions Trial No.94/2022.

3. It is alleged that the petitioner was also involved in the aforesaid case along with other co-accused persons wherein 110 kilograms of contraband (poppy straw) has been seized by the Police.

4. Learned counsel for the petitioner submits that the implication of the petitioner is solely on the basis of memo of co-accused Lal Singh recorded under Section 27 of the Evidence Act. It is the co-accused from which the recovery has been made, but no recovery has been made from the applicant. There is no direct or indirect evidence, whatsoever, to connect him with the present crime. The entire material of the charge sheet, even if taken to be true, does not disclose commission

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