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2024 Supreme(Online)(MP) 27533

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE VIJAY KUMAR SHUKLA, J
Anil – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Kaushal Sisodiya,Advocate General

ORDER

This is an application filed under Section 4 38 of Cr.P.C in crime no.612/2023 under Section 3 and 7 of Essential Commodities Act and 5, 7, 8, 35 of Fertilizers (control) Order, 1985 and Sections 3 , 4 of the Fertilizer Movement Control Order, 1973 registered at police station Kanwar District Dhar.

2. Counsel for the applicant submits that identically placed co-accused Mayank has been granted anticipatory bail by this Court.

3. Counsel for the State opposes the prayer, however, fairly submits that the case is identical to the case of co-accused Mayank.

4. As per prosecution story, complaint has been lodged by Fertilizer Inspector / Senior Agriculture Development Officer (hereinafter referred to as ‘SADO’) about transport of urea in an Eicher truck. As per the information given by a tipster/informer, the said truck was stopped and it was found that there is urea in it. When asked about it, the driver-Umesh s/o Manoharlal Vyas failed to show any bill or bilty for the said urea and its transport. He further said that truck is of his own ownership. He said that he was contacted & instructed on phone by Mayank Jain to transport this urea to Labriya. The said SADO has formed an

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