2024 (1) TMI 1313

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....ndents : Shri Amit Rawal, Government Advocate Appearing On Behalf Of Advocate General. ORDER This is the third bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is in custody since 29/04/2022 in connection with Crime No. 305/2022 registered at Police Station - Chandan Nagar, District Indore (M.P.)....

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....ing to a total of 151.8 Kg of Alprazolam powder. 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. 3. Learned counsel for the applicant contended that the applicant is an innocent person and he has been falsely implica....

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....fered jail incarceration for more than 1 year and 9 months and out of 75 prosecution witnesses, only 5 witnesses have been examined yet by the trial court and final conclusion of trial is likely to take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper. 4. Per contra, learned counsel f....

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....ase, seized quantity of the contraband is more than the commercial quantity and there is specific bar under Section 37 of NDPS Act and also considering the allegation levelled against the applicant that he has destroyed the material evidence regarding the aforesaid crime and his two applications on earlier occasions have been rejected on merits by this Court and later on, SLP (Criminal) No. 5....