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2019 Supreme(HP) 1693

ANOOP CHITKARA
Devender – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocate Appeared:
For the Appellant :Yashveer Singh Rathore and Ajit Sharma, Advocates
For the Respondent:Nand Lal Thakur, Additional Advocate General

JUDGMENT :

Anoop Chitkara, J.

1. The petitioner, who was a link in the transport chain, is in judicial custody on accusations of criminal conspiracy by acting as a cohort of the main accused detained for possessing commercial quantity of Charas, has come up before this Court seeking regular bail.

2. I have waded through the Police file in FIR No. 3/2019, dated 12.7.2019, under Sections 20 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985, (After now called as NDPS Act), registered in Police Station, SV & ACB, Mandi, District Mandi, HP, which was returned to the Police official, through learned Additional Advocate General. Status report is also filed and taken on record. I have also heard the counsel for the parties.

3. The gist of the case necessary to decide the present bail application is that in the morning of 12.7.2019, police on the basis of some prior information, had recovered 3.934 Kilograms of Cannabis (Charas) from a pillion rider named Hem Raj. The said motorcycle was being driven by one Narayan Dass. Both of them were arrested and arraigned as accused under Sections 20 and 29 of the NDPS Act. During investigation, the Police arrested one Ram Lal @ Raju and

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