ASHISH KUMAR VISHWAKARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 439 of the Cr.P.C. for grant of bail.

(2.) The applicant is in custody since 19/1/2023 in connection with Crime No.718/2022 registered at P.S. Jamodi, District Sidhi for the offences punishable under Ss. 8, 21, 22 of NDPS Act, 1985 and Sec. 5,13 of M.P. Drugs Control Act, 1949.

(3.) 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.