Ashish Kumar Vishwakarma vs State Of Madhya Pradesh

Nandita Dubey, J

This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.

The applicant is in custody since 19.01.2023 in connection with Crime No.718/2022 registered at P.S. Jamodi, District Sidhi for the offences punishable under Sections 8, 21, 22 of NDPS Act, 1985 and Section 5,13 of M.P. Drugs Control Act, 1949.

As per prosecution, 960 bottles of cough syrup were found in eight sacks below the bridge on 19.11.2022 on an information from the informant.

These sacks were opened and were found containing onrex cough syrup. As per the allegations, these bottles belonged to the present applicant.

Learned counsel for the applicant submits that applicant has been falsely implicated. He has made accused on the basis of memorandum of co-accused. He has registered medical shop for selling the medicines. He has also shown the registration of his medical shop as well his licence to purchase the medicines before the police authorities, which is not disputed by learned counsel for the State. It is stated that applicant has purchased these medicines by GST No.BPYPV9863GIZT, however, the vehicle containing these medicines were stopped at the National Highway and a false case has been made that the same was recovered from below the bridge. It is stated that on the same day, two cases has been registered against the present applicant and other co-accused persons, though the entire seizure was made from the same place and the same time. This allegation by the present applicant could not be controverted by the learned counsel for the State, who is unable to show as to how two separate crime numbers have been registered when the entire bags were seized from the same place and the same time.

Considering the fact that other co-accused persons have already been enlarged on bail in Crime No.715/2022, which was registered on the same day and same time for the rest of the cough syrups seized by the authorities and the fact that the applicant who is also having a valid licence for purchasing the drugs and this fact has also been verified by the prosecution, this application is allowed.

It is directed that applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with two sureties in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court with the direction that applicant will cooperate in the investigation and trial and will submit all the documents as and when it is required by prosecution. It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C.

Certified copy as per rules.