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KAMLESH SHARMA
Rajender Kumar Ratna – Appellant
Versus
State of Himachal Pradesh – Respondent


JUDGMENT

Kamlesh Sharma, J. - The petitioner is accused of an offence under Sec. 37 of Narcotic Drugs and Psychotropic Substances Act (hereinafter called "the Act") as he was caught by the Police while carrying 500 gms. Charas. He was arrested on 23.4.1991 and is presently lodged in Judicial custody He moved a bail application before the Sessions Judge, Mandi, Kullu and Lahaul & Spiti Districts at Mandi, which has been rejected vide order dated 29 .4.1991. Now, the petitioner has approached this Court for releasing him on bail.

2. I have heard the learned counsel for the Parties and gone (through the Police file. Sh. Inder Singh, learned counsel for the petitioner, has vehemently that while considering an application for this Court has to find out whether there are reasonable grounds for believing that the petitioner is not guilty of an offence of which he has been accused. According to him, unless it appeals from the Police record that prima facie the provisions of Sections 50(1) 52(1) and 57 of the Act have been complied with, this Court cannot reasonably believe that the petitioner is guilty of an offence under the Act. Admittedly, these provision have been declared mandatory

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