RAMNIWAS Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2021-2-28
HIGH COURT OF MADHYA PRADESH
Decided on February 08,2021

RAMNIWAS Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

Subodh Abhyankar,J. - (1.) They are heard through Video Conferencing . Perused the case diary / challan papers. This is the applicant's third application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.01/2017 registered at Police Station Narcotics Control Bureau, Zonal Unit, Indore District Indore (MP) for offence punishable under Section 8 read with Section 15 and Section 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein after referred to as the Act). The applicant is in custody since 26.09.2018.
(2.) Learned counsel for the applicant has submitted that this is the applicant's third application, as earlier bail application Miscellaneous Criminal Case No.22967/2019 was dismissed as withdrawn vide its order dated 02.07.2019 whereas Miscellaneous Criminal Case No.48085/2019 was dismissed on merits by this Court vide order dated 21.01.2020.
(3.) Facts in the present case are not disputed that the applicant is facing prosecution under Section 8 read with Section 15 and Section 29 of the Act in connection with recovery of 1239.765 kilograms of poppy straw from the co-accused Subhash s/o Rajaram Gurjar, who in his statement recorded under Section 67 of the Act, has stated that it was the present applicant who had loaded the aforesaid contraband in the vehicle. Earlier bail application of the applicant Miscellaneous Criminal Case No.48085/2019 was dismissed by this Court while observing that whether the statement recorded under Section 67 of the Act can be treated as confessional statement or not, is pending consideration before the Larger Bench of the Supreme Court; and has further proceeded to hold that confessional statement is admissible , while relying upon the decision rendered in the case of Mohammed Farin v. State Represented by the Intelligence Officer , 2019 8 SCC 811, has dismissed the bail application.;


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