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2021 Supreme(MP) 329

ANAND PATHAK
Gopal Krishna Gautam alias Pandit – Appellant
Versus
State of M. P. – Respondent


Advocates:
Vijay Dutt Sharma for applicant; G.P. Chaurasiya, Public Prosecutor for respondent No.1/State; Praveen Kumar Newaskar, Assistant Solicitor General for respondent No.2.

ORDER

1. The applicant has filed this first bail application u/S.439 of Code of Criminal Procedure, 1973 for grant of bail. Applicant has been arrested on 10.4.2021 by Police Station Central Bureau of Narcotics, District Gwalior in connection with Crime No.02/2021 registered for offence punishable under sections 8/18(c) and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’).

2. It is the submission of learned counsel for the applicant that he is suffering confinement since 10.4.2021 and private complaint has been filed by the department, therefore, now chance of tampering with evidence or witnesses is remote. Learned counsel referred the statement of prime accused Laxminarayan alias Lachchhi dated 8.3.2021 and 9.3. 2021 as well as of Ranvir Singh dated 8.3.2021 and 9.3.2021 who are allegedly prime accused in the case but they did not refer name of the present applicant. They referred names of other persons who were allegedly involved in illegal cultivation of opium. Statement of applicant was recorded later on and on the basis of his statement, he has been arrested.

3. It is the submission of learned counsel for the applicant that

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