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SATYEN VAIDYA
Bhagi Ram – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Sh. Ashok K. Tyagi, Advocate
For the Respondent:Sh. Desh Raj Thakur, ADDL. Advocate General with Sh. Gaurav Sharma, Deputy Advocate General

JUDGMENT

Satyen Vaidya, J.—Petitioner is an accused in case registered vide FIR No. 52 of 2022, dated 7.3.2022, registered at Police Station Sadar, Mandi, District Mandi, H.P. under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985, (for short NDPS Act).

2. Police case is that on 7.3.2022 the accused Aasif Abdul Kayub Khan was apprehended by the police with 510 grams of Charas in his possession. The said accused was arrested and during investigation, he provided a mobile number and also disclosed some person named Vikram being instrumental in providing him the Charas for Rs. 38,000/-. As per the case of police, the petitioner was operating in the name of Vikram and, therefore, the petitioner was arrayed as an accused under Section 29 of the NDPS Act.

3. Petitioner has sought pre-arrest bail in the aforesaid case on the grounds that he is innocent and has been falsely implicated. There is no legal evidence available with the police to connect the petitioner with alleged crime. No recovery was effected from the petitioner. The petitioner had neither abetted the crime nor had conspired with main accused to attract the provisions of Section 29 of the NDP

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