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2021 Supreme(HP) 157

SANDEEP SHARMA
Augustine Chibucike – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocate Appeared:
For the Petitioner:Mr. Vikram Thakur, Advocate.
For the Respondent:Mr. Kunal Thakur and Ms. Svaneel Jaswal, Deputy Advocates General.

JUDGMENT :

SANDEEP SHARMA, J.

1. By way of present bail petition filed under Section 439 Cr.PC, prayer has been made on behalf of the bail petitioner namely Augustine Chibucike, for grant of regular bail in FIR No. 99/18 dated 7.8.2018, under Sections 21 and 29 of the ND&PS Act, registered at Police Station Dharampur, District Solan, Himachal Pradesh. Respondent State has filed the Status report in terms of order dated 8.3.2021. ASI Manohar Singh, I.O. P.S. Dharampur, District Solan H.P., is also present with records. Records perused and returned.

2. Record/status report reveals that on 7.8.2018, police party present near Railway crossing at Sanwara, District Solan, H.P, stopped car bearing registration No. HP-63-4619, for checking. Since driver and other occupants of the car got perplexed after having seen police, police in the presence of the independent witnesses conducted personal search of the occupants as well as of the car and allegedly recovered 17 grams of heroin/chitta from the dashboard of the vehicle. Since occupants of the vehicle were unable to render proper explanation qua the possession of the contraband as referred above, police after completion of necessary codal for

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