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2020 Supreme(HP) 240

ANOOP CHITKARA
Dinesh Kumar @ Billa – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sanjay Dutt Vasudeva.
For the Respondents: Mr. Nand Lal Thakur, Mr. Ram Lal Thakur.

JUDGMENT :

ANOOP CHITKARA, J.

1. The petitioner, who is under arrest from 22nd May 2020, for selling 209 capsules to the main accused Rakesh Kumar, from whose possession the Police had recovered the same on 17th Mar 2020, has come up before this Court seeking bail.

2. Based on a First Information Report (FIR), the police arrested the petitioner, in FIR No. 52 of 2020, dated 17.3.2020, registered under Sections 22 and 29-61-85 of the NDPS Act, in Police Station Dharamshala, District Kangra, Himachal Pradesh, disclosing cognizable and non-bailable offenses.

3. Earlier, the petitioner filed a petition under Section 439 Cr.P.C. before Special Judge-II, Kangra at Dharamshala, HP. However, vide order dated 16.6.2020, the Court dismissed the petition, because in the opinion of the Court, the Petitioner could not cross the rigors of S. 37 of NDPS Act.

4. Mr. Nand Lal Thakur learned Additional Advocate General had filed the status report through e-mail, printout of which is available on file. He further submits that he had sent a copy of the status report to learned counsel for the petitioner on WhatsApp number.

5. I have read the status reports and heard Mr. Sanjay Dutt Vasudeva, Advocate for th

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