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2024 Supreme(Online)(MP) 56127

HIGH COURT OF MADHYA PRADESH
DINESH KUMAR PALIWAL, J
Satish Kushwaha – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Rahul Singh,Advocate General

ORDER

This second application has been filed by the applicants under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.20/2024 dated 4.1.2024 registered at Police Station Kuthla, District Katni (M.P.) for commission of offence under Section 8/20 of the NDPS Act, 1985 . Applicants are in detention since 04.1.2024.

2. Applicants' first bail application was dismissed as withdrawn and not pressed vide order dated 16.02.2024 passed in M.Cr.C.No.5309 of 2024. 3. As per the prosecution story, on 4.1.2024, 5 kg 500 gms contraband was seized from the possession of applicants by police after complying with the provisions of the Act. When it was weighed, it was found to be 5 Kg 500 gms. After investigation charge sheet has been filed.

4. Learned counsel for the applicants has submitted that applicants have not committed any offence. They are innocent. They have been falsely implicated. Nothing was seized from their possession. It is submitted that as per police papers only 5 Kg 500 gms cannabis was seized from their possession. When the alleged seized contraband was produced before the JMFC for proceedings under Section 52A of the NDPS Act, the we

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