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2023 Supreme(MP) 502

DEEPAK KUMAR AGARWAL
Kalyan Sharma @ Mukesh Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Madan Mohan Tripathi, Advocate, Anil Shukla, Advocate

JUDGMENT

Deepak Kumar Agarwal, J. - This is the first application u/S.439 Cr.P.C filed by the applicant for grant of bail. .

2. Applicant has been arrested on 20/12/2021 by police Station-Malanpur, District- Bhind (M.P.) in connection with Crime No.227/2021 for the offence punishable under Section 8/20 of the NDPS Act .

3. Prosecution story, in short, is that on 20/12/2021, Sub-Inspector-Vinod Singh Kushwaha got an information by the informer that a truck bearing Registration No.MP06-HC-1067 standing at Tilori Road Factory area in which five persons are sitting and the said truck is filled up with Bananas and in the middle of Bananas, plastic bags containing cannabis (Ganja) have been hided. On that information, police officials reached the spot and found the said truck standing there in which applicant- Kalyan and co-accused Sandeep Sharma, Javed, Golu @ Mukesh Jatav were sitting. After doing formalities, the said truck was searched and 39 plastic bags containing 25 Kg. cannabis (Ganja) each total 1026 Kg. cannabis (Ganja) were recovered from the said truck. On physical examination, it was found as Ganja. Thereafter, the contraband was placed on plastic sheet and made homogeneous (Sa

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