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2016 Supreme(MP) 807

SHEEL NAGU
Gopal Gupta – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Applicant :Shri. Sankalp Sharma, Advocate.
For the Respondent: Shri. Arun Barua, Panel Lawyer.

JUDGMENT :

Sheel Nagu, J.

Case Diary is perused.

2. Learned counsel for the rival parties are heard.

3. Applicant apprehends arrest in connection with offences punishable u/Ss. 21 and 22 of NDPS Act registered as Crime No. 289/2016 at Police Station Thana Kotwali, District Lashkar.

4. Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.

5. Applicant apprehends arrest in respect of aforementioned offences where allegation is that the co-accused namely Ateeq Ahmed, Rajendra and Kamal Kishore Sahu were found in possession of 18,000 bottles of Phensedyl which contain the narcotic drug namely Codeine.

6. Learned counsel for the applicant submits that the statements were recorded of the said co-accused revealing that they are working for the applicant. The applicant holds a valid license under the Drugs and Cosmetics Act for sale of drugs including that of Phensedyl. It is further submitted by him that Phensedyl is a pharmaceutical drug used as cough syrup which contains permissible amount of narcotic drug Codeine. Thus,














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