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2018 Supreme(HP) 581

DHARAM CHAND CHAUDHARY
Sunit Kumar – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Petitioner:Mr. Abhimanyu Rathore, Advocate and Ms. Poonam Gehlot, Advocate.
For the Respondents: Mr. R.P. Singh, Dy. AG with Mr. Kunal Thakur, Dy. AG.

JUDGMENT :

Dharam Chand Chaudhary, J.

Heard.

2. The petitioner is accused in FIR No. 73 of 2017 registered under Section 20 & 29 of the Narcotic Drugs and Psychotropic Substances Act against him and his co-accused Vishal on 26.4.2017 in Police Station Palampur, District Kangra, H.P. This petition is filed for a direction to the Investigating Agency to conduct further investigation on the grounds inter alia that he was not apprehended in the manner as claimed in the report under Section 173 Cr.P.C. filed against him and rather picked up from “Sangrai Auto Service Station”, Palampur where he had taken his vehicle No. HP 37E-4437, Alto 800 for service on 25.4.2017 at 15:17:14 hours and prior to that he had gone to Chandigarh on 23.4.2017. The documents i.e. receipts issued by Toll Plaza (Annexure P-2) and Job Card by Sangrai Auto Service Station (Annexure P-3) have been pressed in service. The mileage of the vehicle when brought to the service station and when released to the petitioner has also been pressed in service to allege that on 25.4.2017 he was not driving the vehicle from Baijnath side to Palampur and rather brought the vehicle to service station at a stage when its mileage was










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