2023 (6) TMI 746

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....e Court. Mr. A.M. Bora, learned Sr. Counsel appearing for the accused petitioners, submits that the accused petitioners have been in judicial custody for 137 days despite being innocent. Mr. Bora submits that the accused petitioner No.1 is the owner and co-driver of the seized truck and the accused petitioner No.2 is the driver employed by the accused petitioner No.1. According to Mr. Bora, the said truck has been engaged in transportation business under Road Kings Pvt. Ltd. for transportation of consignments of medicines with due challan, e-way bills and other requisite documents. Mr. Bora submits that on the alleged date of interception of their truck, the accused petitioners were transporting the consignment of drugs sold by the agency ....

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....e Maleate Syrup) of 100 ml. each while being transported in a vehicle bearing registration No. WB 51C 5398. A perusal of the case record reveals that both the accused petitioners are named in the FIR. The seizure memo shows that 62,080 bottles of Eskuf cough syrup containing Codeine Phosphate were seized from the exclusive possession of both the accused petitioners. The F.S.L. report on the seized cough syrup samples is yet to be received. The contents of FIR shows that on interception of the seized truck and on demand by police, the accused petitioners produced documents such as GST Invoice, e-way bills and transport receipt, which were seized. The investigating officer has noted that the aforesaid consignment of seized cough syrup bottl....