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2020 Supreme(HP) 179

ANOOP CHITKARA
Manish Negi – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
Mr. Baldev Singh Negi, Advocate, for the Appellant; Mr. Nand Lal Thakur, Additional Advocate General for the State, for the Respondent

JUDGMENT

Anoop Chitkara, Vacation J. - For possessing 33 grams of Heroin (Chitta), the petitioner, who is under arrest, on being arraigned as accused in FIR Number 171/2019 dated 28.11.2019, registered under Sections 21, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (after now called 'NDPS Act'), in the file of Police Station Rampur, District Shimla, HP, disclosing non-bailable offences, has come up before this Court under Section 439 CrPC , seeking regular bail.

2. Status report stands filed. I have seen the status report(s) as well as the Police file, to the extent it was necessary for deciding the present petition, and heard learned Counsel for the parties.

3. Prior to the present bail petition, the petitioner had filed a petition under Section 439 CrPC, before Special Judge-II, Kinnaur at Rampur, Bushehar, HP. However, vide order dated 16.12.2019, the Court dismissed the petition, on the grounds that the applicant has previous criminal history.

Facts

4. The gist of the First Information Report and the investigation is that on November 28, 2019, the police party was present for patrolling duty within the jurisdiction of Rampur Police Station on National Highway.

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