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2019 Supreme(HP) 581

CHANDER BHUSAN BAROWALIA
Sanjay Patidar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
Malkit Singh Jandiala, Dheeraj K. Vashsiht, Ashwani K. Pathak, Sandeep Sharma.

JUDGMENT :

Chander Bhusan Barowalia, J.

1. The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in NCB Crime No. 15 of 2016, dated 15.04.2016, under Sections 8, 18, 29 and 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as "the ND&PS Act") registered in Narcotics Control Bureau, Chandigarh.

2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

3. Tersely, the facts giving rise to the present petition can be encapsulated as under:

    On 14.04.2016 Intelligence Officer, Narcotic Control Bureau (hereinafter called as "NCB") got a secret tip off that the petitioner, who is en route Madhya Pradesh to Mandi in a Force traveler bus is to deliver a consignment of opium. The petitioner was likely to avoid entry into Punjab and he may choose route from Shahbad to Panchkula to Nalagarh. NC

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