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2021 Supreme(HP) 436

SANDEEP SHARMA
Davinder Singh – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates appeared:
Mr. Ajit Sharma, Advocate, for the Appellant, Mr. Sudhir Bhatnagar with Mr. Kunal Thakur and Ms. Svaneel Jaswal, for the Respondent.

ORDER

Sandeep Sharma, J. (Oral). - Bail petitioner, namely Davinder Kumar, who is behind the bars since 19.9.2020, has approached this Court in the instant proceedings filed under Section 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case FIR No. 145 of 2020, dated 18.9.2020, registered at police Station, Paonta Sahib, District Sirmaur, H.P. under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'Act').

2. Status report filed/prepared by the respondent- State on the basis of the investigation carried out by the Investigating agency, reveals that on 18.9.2020, police after having received secret information that a person namely, Ashok Kumar has gone to Haryana for consignment of drugs, laid Naka at Police check post Behral. At 6.05 pm, motorcycle bearing No. HP 17-A-8677 TVS being driven by Ashok Kumar was stopped for checking. Since, aforesaid person got perplexed after having seen the police, police carried out his personal search as well as of the motorcycle in the presence of independent witnesses and allegedly recovered 1800 capsules of PYN SPAS PLUS. In the aforesaid background, FIR, as detailed hereina

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