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2019 Supreme(HP) 221

VIVEK SINGH THAKUR
SANDEEP – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
Vipin Pandit, Adv., Dinesh Sharma, Adv., Shiv Pal Manhans, Adv., R.P. Singh, Adv., Raju Ram Rahi, Adv.

JUDGMENT :

Vivek Singh Thakur, J.

Present petition has been filed seeking regular bail under Section 439 Cr.P.C. in case FIR No. 27/16, dated 24.3.2016 under Sections 20 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred to as NDPS Act in short) registered at Police Station Parwanoo, District H.P.. The petitioner is in custody since 24.3.2016 for alleged recovery of 2.689 kilograms charas from his conscious possession in Room No. 101, in Hotel Paradise, Sector-3, Parwanoo at 11:43 A.M. on 24.3.2016.

2. Prosecution case in brief is that on 24.3.2016 at about 11:30 A.M. Inspector Minakshi, SHO, Police Station Parwanoo had received information on her mobile phone that a person, namely, Sandeep Kumar involved in business of narcotic drugs, is staying in room No. 101 of Hotel Paradise, Sector-3, Parwanoo. Informant had also given identity of the person along with further details of his wearing and tattoos on his hand. The information was reliable and therefore, reasons to believe were reduced into writing under Section 42(2) of NDPS Act. As there was possibility of disappearance of the accused as well the contraband during the process of obtaining search





































































































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