Ashish Kumar Vishwakarma vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(MP) 503

NANDITA DUBEY
Ashish Kumar Vishwakarma – Appellant
Versus
State of Madhya Pradesh – Respondent

Advocates Appeared:
Nityanand Mishra, Advocate, Atmaram Bain, Advocate
Final Result : Allowed

JUDGMENT

Nandita Dubey, J. - This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.

2. The applicant is in custody since 19.01.2023 in connection with Crime No.718/2022 registered at P.S. Jamodi, District Sidhi for the offences punishable under Sections 8, 21, 22 of NDPS Act, 1985 and Section 5,13 of M.P. Drugs Control Act, 1949.

3. As per prosecution, 960 bottles of cough syrup were found in eight sacks below the bridge on 19.11.2022 on an information from the informant.

4. These sacks were opened and were found containing onrex cough syrup. As per the allegations, these bottles belonged to the present applicant.

5. Learned counsel for the applicant submits that applicant has been falsely implicated. He has made accused on the basis of memorandum of co-accused. He has registered medical shop for selling the medicines. He has also shown the registration of his medical shop as well his licence to purchase the medicines before the police authorities, which is not disputed by learned counsel for the State. It is stated that applicant has purchased these medicines by GST No.BPYPV9863GIZT, however, the vehicle containing these medicines were

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