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2020 Supreme(HP) 395

ANOOP CHITKARA
Satinder Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
Naresh Kumar Tomar, Advocate, Nand Lal Thakur, Advocate, Lovneesh Kanwar, Advocate

JUDGMENT

Anoop Chitkara, J. - An under-trial prisoner, in custody for being part of the chain for selling, and transporting 3.934 kilograms of charas (Cannabis), since Aug 2, 2019, has come up before this Court under Section 439 of the Code of Criminal Procedure, 1973 (CrPC), seeking bail, under Section 20 of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

2. The police arrested the petitioner, in FIR No. 03 of 2019, dated 12.07.2019, registered under Sections 20, 29 of the NDPS Act, and S. 177 of Motor Vehicle Act, in Police Station SV & ACB Mandi, District Mandi, Himachal Pradesh, disclosing cognizable and non-bailable offenses.

3. The co-accused Ram Lal (A-1) had filed a bail petition before this Court. Vide order dated 5-12-2019, passed in CrMPM 2060 of 2019, a co-ordinate bench of this Court dismissed it having been withdrawn. The petitioner had also filed a similar petition, CrMPM No. 190 of 2020, which met the similar fate.

4. I have read the status report(s) and heard counsel for the parties as well as Ld. Amicus Curiae.

    FACTS:

    5. The gist of the Prosecution's case is that on 12th July 2019, the Inspector of Police received secret information about transpo

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