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SANDEEP SHARMA
Dev Pal & Bittu – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Counsel for the Parties:
For the Petitioners:Mr. Rakesh Chaudhary, Advocate, for the petitioner in Cr.MP(M) No.2463 of 2023
For the Petitioners:Mr. Kamal Kant Chandel, Ms. Hem Lata Thakur and Ms. Kiran Dhiman, Advocate, for the petitioner in Cr.MP(M) No.2469 of 2023
For the Respondent:Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals with Mr. Ravi Chauhan and Ms. Sunaina, Deputy Advocate Generals

JUDGMENT (ORAL)

Sandeep Sharma, J.—Bail petitioners, namely Devi Pal alias Bittu and Lot Ram @ Sanju, who are behind the bars since 15/17.01.2021 respectively, have approached this Court in the instant proceedings filed under Section 439 Cr.P.C, for grant of regular bail in case FIR No. 06 of 2021, dated 14.01.2021, under Sections 20 and 29 of the NDPS Act, registered at PS Banjar, District Kullu, H.P.

2. Pursuant to the notice issued in the instant proceedings, respondent-State has filed the status report and HC Ajay Kumar, has come present with records. Records perused and returned.

3. Close scrutiny of the record/status report reveals that on 13.01.1021, police after having received secret information that huge consignment of contraband is likely to be transported near Gharatgad near Kalwari, constituted a raiding party. Allegedly, on the intervening night of 13th /14th January 2021, at 1.45 AM, three persons carrying gunny bags (Bohra) on their shoulder were seen coming from Sanaradh towards Dewari by the police. After having seen the police, persons carrying gunny bags got perplexed and tried to flee from the spot. One person namely, Choveshwar though was apprehended by the po

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