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2021 Supreme(HP) 301

VIVEK SINGH THAKUR
Hem Chand – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates appeared:
Anirudh Sharma, Advocate, Raju Ram Rahi, Advocate

JUDGMENT

Vivek Singh Thakur, J. - Petitioner has approached this Court invoking provisions of Section 439 Code of Criminal Procedure (in short 'Cr.P.C.') in case FIR No.32 of 2021, dated 15.05.2021, registered in Police Station Arki, District Solan, H.P., under Section 18(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act'), for enlarging him on bail.

2. Status report stands filed, stating therein that during patrolling, on 15.05.2021, police party had received a reliable information at 10.15 a.m. that petitioner-accused had cultivated opium poppy in the land owned by him near his cowshed in Village Bapdon, Tehsil Arki, District Solan, H.P. Whereupon, a written information, under Section 42(2) of NDPS Act, was sent to Sub Divisional Police Officer, Darlaghat. Thereafter, police party reached the spot and found that near cowshed of petitioner, in one field, there was large scale cultivation of opium. Kumari Neha Garg, Patwari of the area and Madhu Bala, Pradhan of concerned Gram Panchayat were also called on the spot by making telephonic calls to them. After perusing revenue record, Patwari had identified the land in question in the ow

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