ANKUR CHAUDHRY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application under Sec. 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is in custody since 30/04/2022 in connection with Crime No.305/2022 registered at Police Station - Chandan Nagar, District Indore (M.P.) for commission of offence punishable under Sec. 8 r/w 88 and 29 of Narcotics Drugs and Psychotropic Substances Act, 1985.

(2.) As per prosecution story, on 02/04/2022 the respondent acting on the basis of the information received, allegedly checked and seized 15 grams of Alprazolam Powder from illegal possession one Kartik and 1 Kg of the same from Mohammad Arif, nearby Dhar Road Dargah, near Sirpurkar Talab at around 2 pm. In their memorandum taken under sec. 27 of the Indian Evidence Act, 1972 allegedly the aforementioned accused persons told that they bought the substance from Ajay, Komal and Dinesh and allegedly 50 Kg each of the Alprazolam. Powder were seized from Ajay and Dinesh and 50.8 kg from the possession of Komal and along with the contraband preparatory utilities were seized from their possession amounting to a total of 151.8 Kg of Alprazolam powder.

(3.) During the investigation it is gathered that the seized contraband was manufactured in the factory owned by the present applicant and he has destroyed the evidence. Accordingly, offence has been registered against the applicant.