SUBODH ABHYANKAR
Ramniwas – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
Subodh Abhyankar, J.
They are heard through Video Conferencing. Perused the case diary/challan papers.
1. 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applicant's third application, as earlier bail application Miscellaneous Criminal Case No. 22967/2019 was dismissed as withdrawn vide its order dated 02.07.2019 whereas Miscellaneous Criminal Case No. 48085/2019 was dismissed on merits by this Court vide order dated 21.01.2020.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 st
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