ORDER

They are heard. Perused the case diary /challan papers.

2 .

This is applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as the applicant is apprehending his arrest in connection with Crime No.193/2022, registered at Police Station Jawad, district Neemuch, (MP) for offence punishable under Sections 18/15 and 29 of NDPS Act.

3. As per prosecution, on 28.4.2022 on receipt of a secret information the police of police station Jawad carried out a blockade and caught co-accused Kuldeep Singh Sikh while he was travelling in a white coloured car bearing registration No.RJ 27 CC 3012 and recovered 56 Kgs. contraband Doda Chura from his possession which was being transported by him without a valid licence in four plastic black bags. On recording of his memorandum under Section 27 of the Evidence Act to the effect that he procured the said contraband from the present applicant, he has been implicated for the present offence.

5. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. Beside the memorandum of co-accused recorded under Section 27 of the Evidence Act, there is no other material on record against the applicant. No recovery has been made from him and there is no direct evidence linking him to the present case. The applicant is not having any criminal antecedent under the NDPS Act. On such grounds prayer has been made for grant of benefit of anticipatory bail to the applicant.

6. Learned counsel for the respondent/State has opposed the prayer and has prayed for rejection of the application.

7. I have heard the learned counsel for the parties and have perused the case diary.

8. The implication of the applicant appears to be solely on the basis of memorandum of co-accused recorded under Section 27 of the Evidence Act.

No recovery has been made from the applicant and there does not appear to be any direct evidence linking him with the present case. The applicant is not shown to be having any criminal antecedents under the NDPS Act or any major offence under the IPC. Thus in my opinion, the applicant deserves to be granted the benefit of anticipatory bail.

9. It is directed that in the event of arrest of applicant by the Arresting Officer, he shall be released on bail subject to his furnishing a personal bond in the sum of Rs.1,00,000/- with one solvent surety of like amount to the satisfaction of the Arresting Officer (Investigating Officer).

8. The applicant shall make himself available for interrogation by a Police Officer, as and when required. Applicant shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

9. Accordingly, Miscellaneous Criminal Case No.41715/2022 stands allowed.

Certified copy as per rules.

(PRANAY VERMA) JUDGE SS/-