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2021 Supreme(HP) 513

CHANDER BHUSAN BAROWALIA
Pramod Kumar – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates appeared:
Vinod Chauhan, Advocate, S.C. Sharma, Advocate, P.K. Bhatti, Advocate, Kuldeep Thakur, Advocate

JUDGMENT

Chander Bhusan Barowalia, J. - The present bail application has been maintained by the petitioner, under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 06/2020, dated 03.02.2020, under Section 21 of Narcotic Drugs and Psychotropic Substances Act (for short "ND & PS Act"), registered in Police Station Puruwala, District Sirmaur, H.P.

2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Further, he is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

3. Police report stands filed. The prosecution story, as emanates from the records, is that on 03.02.2020, around 2:35 p.m., a police party was on routine patrol duty and present at Shyampur, where they got a secret tip-off that the petitioner herein is indulged in the business of illicit drugs and he has kept the same in his house. In case a raid is being conducted, huge amount of drugs can be recovered. As the Court was far away fr

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