ABHISHEK SEN Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH (AT: JABALPUR)
STATE OF MADHYA PRADESH
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RAJEEV KUMAR DUBEY, J. -
(1.) This is the third application filed under Section 439 Cr.P.C. Applicant Abhishek Sen was arrested on 21/11/2019 in Crime No. 537/2019 registered at Police Station Amarpatan, Distt. Satna (MP) for the offence punishable under Sections 8/21, 22 of the N.D.P.S. Act 1985 and Section 5/13 of M.P. Drug Control Act, 1949 and Section 120-B of IPC.
(2.) The first bail application filed by applicant was dismissed as withdrawn by this Court vide order dated 28/7/2020 passed in M.Cr.C. No.11145/2020 and second bail application was dismissed on merit by this Court vide order dated 03/12/2020 passed in M.Cr.C.No.37138/2020.
(3.) A s per prosecution case, on 20/11/2019 on the information of the informant that 6-7 persons are going to Rewa from Maihar side on a pickup, a c ar and one motorcycle and they were illegally transporting Corex Syrup, Rajendra Mishra, SHO P.S. Amarpatan along with police force went to village Paraswahi, Maihar and waited for the vehicles. Some time later, a car bearing registration No. MP-17CC-3383, one pick up van bearing registration No. MP-38G-0764 and one motorcycle bearing registration No. MP-17MR-1214 came there. They stopped the vehicles. The pick up van was being driven by co-accused Ravi Chourasiya and applicant Abhishek Sen and co-accused Rajesh Sondhiya were also traveling in that vehicle. The Car was being driven by co-accused Umesh Sen and co-accused Shirish Kushwaha was also travelling in that vehicle. The motorcycle was being driven by co-accused Rishabh Pandey. On searching, the pick up van bearing registration No. MP- Signature Not Verified SAN 38G-0764, 4800 bottles of Onerex Cough Syrup and car bearing registration Digitally signed by ANURAG SONI Date: 2021.06.08 16:59:28 IST 2 MCRC-21388-2021 No. MP-17CC-3383, 600 bottles of Onerex Cough Syrup total 5400 bottles Onerex Cough Syrup containing codeine phosphate were found which was illegally being carried by the applicant and co-accused Ravi Chourasiya, Rishabh Pandey, Rajesh Sondhiya, Umesh Sen and Shirish Kushwaha in the Pick Up Van and Car.;
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