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2023 Supreme(MP) 460

NANDITA DUBEY
Neeraj Prajapati – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Anurag Shivhare, Advocate, DK Paroha, Advocate
Final Result : Allowed

JUDGMENT

Nandita Dubey, J. - These are the first application on behalf of the present applicant under section 439 of the Cr.P.C. for grant of bail.

2. The applicant is in custody since 27.11.2022 in connection with Crime No.715/2022 & 718/2022 registered at Police Station Jamodi District Sidhi for the offences punishable under Sections 8, 21, 22 of NDPS Act and Sections 5/13 of Drugs Control Act.

3. As per the prosecution, on an information 8160 bottles of cough syrup were seized from the bags, which were lying in an open place near the culvert. During the investigation, it came to the knowledge from checking the batch number of bottles of the cough syrup that the said material i.e. the medicines were sent from Bansal Enterprises, Delhi to the AV Pharma. During the investigation, statements of some eye-witnesses, who have seen applicantNeeraj Prajapati taking out the bags of cough syrup from the loading auto, have been recorded. They have stated that they saw loading auto carrying all these bags which were taken down from the loading auto by the present applicant, who came there on a motorcycle and stayed there for sometime.

4. Learned counsel for the applicant submits that the applica

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